2023-11-13 18 00-Russell BOS-Regular Meeting-Packet

2023-11-13 18 00-Russell BOS-Regular Meeting-Packet

Document Date: November 13, 2023 Document: 2023-11-13_18_00-Russell_BOS-Regular_Meeting-Packet.pdf

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Agenda Board of Supervisors November 13, 2023

Russell County Page 1

RUSSELL COUNTY

BOARD OF SUPERVISOR’S MEETING

AGENDA – NOVEMBER 13, 2023

BOS Board Room Regular Meeting 6:00 PM

Russell County Governmental Center

Lebanon, Virginia 24266

CALL TO ORDER & ROLL CALL – Clerk of the Board

INVOCATION

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

PRESENTATION

Stacy Martin – VetFest SWVA – VetFest 2023 Event

NEW BUSINESS

Approval of Minutes. Consider approval of the minutes of the
following meeting of the Russell County Board of Supervisors….……………A-1

a. Unapproved minutes of October 2, 2023

Approval of Expenditures. Consider approval of expenditures presented
for payment………………………………………………………………………………B-2
Committee Appointments for Board Consideration………………………………B-3

Agenda Board of Supervisors November 13, 2023

RUSSELL COUNTY BOARD OF SUPERVISOR’S MEETING AGENDA - NOVEMBER 13, 2023

BOS Board Room, Regular Meeting

Russell County Governmental Center Lebanon, Virginia 24266

CALL TO ORDER & ROLL CALL - Clerk of the Board INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA PRESENTATION

Stacy Martin - VetFest SWVA - VetFest 2023 Event NEW BUSINESS
Approval of Minutes. Consider approval of the minutes of the following meeting of the Russell County Board of Supervisors…

a. Unapproved minutes of October 2, 2023

Approval of Expenditures. Consider approval of expenditures presented for payment…
Committee Appointments for Board Consideration

Russell County Page 1

Agenda Board of Supervisors November 13, 2023

Russell County Page 2

Dante Community Center Board

Catherine Pratt 2-Year Term October 12, 2023 Jason Gullett 2-Year Term October 12, 2023

Russell County Planning Commission

Mark Mitchell 4-Year Term October 1, 2023

Cumberland Plateau Economic Development Commission

James Eaton Jr. 1-Year Term October 12, 2023

CITIZEN’S COMMENT PERIOD (Limited to 3 Minutes)

CONSTITUTIONAL OFFICER REPORTS AND REQUESTS

COUNTY ATTORNEY REPORTS AND REQUESTS

COUNTY ADMINISTRATOR REPORTS AND REQUESTS

REPORTS

VACo Preliminary Legislative Program 2024…………………………………………C-1
RC Parks Ordinance Review……………………………………………………………C-2
RC School Energy Performance CleanSource Capital SAVES Credit
Payment Agreement of $127,046.45………………………………………C-3
VDOT October 2023 Report……………………………………………………………C-4

REQUESTS

RC BOS Annual Holiday Community Turkey Donation (1,000 Families) &
County Employees (222 Employees)…………………………………………………C-5
RC PSA Virginia Water Supply Revolving Fund Nash Ford & Clinch
Mountain Road Project…………………………………………………………………C-6
2023-2024 Authorized General Registrar & Local Electoral Board Member
Salaries for Russell County……………………………………………………………C-7
VDEM FY2024 PSAP Staffing Recognition Grant ($30,000)………………………C-8

Agenda Board of Supervisors November 13, 2023

Dante Community Center Board

Catherine Pratt 2-Year Term October 12, 2023 Jason Gullett 2-Year Term October 12, 2023

Russell County Planning Commission Mark Mitchell 4-Year Term October 1, 2023

Cumberland Plateau Economic Development Commission

James Eaton Jr. 1-Year Term October 12, 2023 CITIZEN’S COMMENT PERIOD (Limited to 3 Minutes) CONSTITUTIONAL OFFICER REPORTS AND REQUESTS COUNTY ATTORNEY REPORTS AND REQUESTS COUNTY ADMINISTRATOR REPORTS AND REQUESTS REPORTS

VACo Preliminary Legislative Program 2024.
RC Parks Ordinance Review.
RC School Energy Performance CleanSource Capital SAVES Credit Payment Agreement of $127,046.45…

4, VDOT October 2023 Report…

REQUESTS

RC BOS Annual Holiday Community Turkey Donation (1,000 Families) & County Employees (222 Employees)…
RC PSA Virginia Water Supply Revolving Fund Nash Ford & Clinch Mountain Road Project…
2023-2024 Authorized General Registrar & Local Electoral Board Member Salaries for Russell County…
VDEM FY2024 PSAP Staffing Recognition Grant ($30,000)

Russell County Page 2

Agenda Board of Supervisors November 13, 2023

Russell County Page 3

VA 9-1-1 Services Board – FY24 Data Maint & Data Transfer Grant ($5,000)…C-9
VDOT Speed Study (Lynn Springs Road, Rte. 632)………………….…………….C-10
RC Courthouse Skanska Project Management Services Agreement……………C-11
RC Human Resource & Payroll Position…………………………………………….C-12
DHCD CDBG Planning Grant – Dante Downtown Revitalization
Comprehensive Community Development ($60,000)………………………………C-13
DEQ Litter Prevention & Recycling Program Grant ($25,440)…………………….C-14
National Opioid Settlement Payment ($15,156.81)…………………………………C-15
RC Landfill Proposed Professional Services – TRC Engineers Inc…………….C-16

BOARD DISCUSSIONS & REMINDERS

ADJOURNMENT

COUNTY AGENCY / BOARD REPORTS:

• Treasurer’s Report ………………………………………………………………………D • RC IDA ………………………………………………………………………………………E • RC PSA ……………………………………………………………………………………F • Castlewood W&S …………………………………………………………………………G • RC Tourism……………………………………………………………………………….H • RC Planning Commission ………………………………………………………………I • Conference Center………………………………………………………………………J • RC Fitness Center……………………………………………………………………….K • RC Transportation & Safety……………………………………………………………L • RC Cannery Reports…………………………………………………………………….M • RC Building Inspector……………………………………………………………………N • RC Litter Report………………………………………………………………………….O

Agenda Board of Supervisors November 13, 2023

VA 9-1-1 Services Board - FY24 Data Maint & Data Transfer Grant ($5,000)…C-9
VDOT Speed Study (Lynn Springs Road, Rte. 632)… os C-10

41.RC Courthouse Skanska Project Management Services Agreement…

42.RC Human Resource & Payroll Posi

DHCD CDBG Planning Grant — Dante Downtown Revitalization Comprehensive Community Development ($60,000).
DEQ Litter Prevention & Recycling Program Grant ($25,440)…
National Opioid Settlement Payment ($15,156.81).

16.RC Landfill Proposed Professional Services — TRC Engineers Inc… BOARD DISCUSSIONS & REMINDERS ADJOURNMENT COUNTY AGENCY / BOARD REPORTS:

Treasurer’s Report. RC IDA… RC PSA… Castlewood W&S RC Tourism… RC Planning Commission . Conference Center. RC Fitness Cente RC Transportation & Safety. RC Cannery Reports. RC Building Inspecto RC Litter Report.

Russell County Page 3

Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011

www.russellcountyva.us

Board of Supervisors Information Item
137 Highland Drive Presenters - Various Lebanon, VA 24266

Meeting: 11/13/23 6:00 PM

Presentations

Stacy Martin – VetFest SWVA – VetFest 2023 Event………………………A-1

Staff Recommendation:

Presentation – Informational Only.

Suggested Motion:

Board Discretion.

ATTACHMENTS: • Various

Board of Supervisors Information Item 137 Highland Drive Presenters - Various Lebanon, VA 24266

1/13/23

Meetin: PM

Presentations

Stacy Martin —- VetFest SWVA — VetFest 2023 Event…

Staff Recommendation: Presentation — Informational Only Suggested Motion:

Board Discretion.

ATTACHMENTS:

Various

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

 Board of Supervisors         Action Item B-1

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

Meeting: 11/12/23 6:00 PM

Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011

www.russellcountyva.us

Approval of Minutes

Request approval of the minutes from the following meeting:

o Unapproved minutes of October 2, 2023

STAFF RECOMMENDATION(s): Board discretion

SUGGESTED MOTION(s): Motion to approve Board Minutes.

ATTACHMENTS:

• Board Minutes

Board of Supervisors Action Item B-1 137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

Meeting: 11/12/23 6:00 PM

Approval of Minutes

Request approval of the minutes from the following meeting:

STAFF RECOMMENDATION(s): Board discretion

SUGGESTED MOTION(s): Motion to approve Board Minutes.

ATTACHMENTS:

Board Minutes

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

October 02, 2023

A regular monthly mee�ng of the Russell County Board of Supervisors was held on Monday, October 03, 2023 beginning at 6:00 pm at the Russell County Government Center in Lebanon, Virginia.

The Clerk called the mee�ng to order.

Roll Call by the Clerk:

Present: Tim Lovelace Lou Wallace Carl Rhea David Eaton Steve Breeding Rebecca Dye Oris Chris�an

Lonzo Lester, Clerk
Vicki Porter, Deputy Clerk Ka�e Paton, County Atorney

Absent:

None

Invoca�on by Caleb Johnson, followed by the Pledge of Allegiance to the Flag.

APPROVAL OF THE AGENDA

Mo�on made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve the agenda as presented.

The vote was: Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Chris�an Nay: None

Presenta�ons

Dr. Kim Hooker, Superintendent of Russell County Schools gave a brief presenta�on on teacher reten�on and salary discrepancies in Russell County as compared to the rest of the state.

APPROVAL OF THE SEPTEMBER 05, 2023 MINUTES

Mo�on made by Steve Breeding, Second David Eaton and duly approved by the Board of Supervisors to approve the September 05, 2023 minutes and dispense with the reading thereof.

The vote was:

October 02, 2023

Aregular monthly meeting of the Russell County Board of Supervisors was held on Monday, October 03, 2023 beginning at 6:00 pm at the Russell County Government Center in Lebanon, Virginia.

The Clerk called the meeting to order.

Roll Call by the Clerk:

Present:

Tim Lovelace

Lou Wallace

Carl Rhea

David Eaton

Steve Breeding

Rebecca Dye

Oris Christian

Lonzo Lester, Clerk

Vicki Porter, Deputy Clerk

Katie Patton, County Attorney

Absent:

None

Invocation by Caleb Johnson, followed by the Pledge of Allegiance to the Flag. APPROVAL OF THE AGENDA

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve the agenda as presented.

The vote was: ‘Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

Presentations

Dr. Kim Hooker, Superintendent of Russell County Schools gave a brief presentation on teacher retention and salary discrepancies in Russell County as compared to the rest of the state

APPROVAL OF THE SEPTEMBER 05, 2023 MINUTES

Motion made by Steve Breeding, Second David Eaton and duly approved by the Board of Supervisors to. approve the September 05, 2023 minutes and dispense with the reading thereof.

The vote was:

Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Chris�an Nay: None

Commitee Appointments

DR. KIM HOOKER APPOINTED TO THE SWCC LOCAL COLLEGE ADVISORY BOARD

Mo�on made by David Eaton, second Rebecca Dye and duly approved by the Board of Supervisors to appoint Dr. Kim Hooker to the SWCC Local College Advisory Board to fill the unexpired term of Kathryn Easton, said term ending June 30, 2025.

The vote was: Aye: David Eaton, Rebecca Dye, Tim Lovelace, Lou Wallace, Carl Rhea, Steve Breeding and Oris Christian Nay: None

GARY DOTSON, JOHNNY B. JESSEE, EUGENE FERGUSON, BARBARA COX, TONY MAXFIELD AND HENRY STINSON, JR. TO THE HIGHWAY & SAFETY COMMISSION

Motion made by Rebecca Dye, second Oris Christian and duly approved by the Board of Supervisors to re-appoint Gary Dotson, Johnny B. Jessee, Eugene Ferguson, Barbara Cox, Tony Maxfield and Henry Stinson, Jr. to the Highway & Safety Commission for (2) two-year terms, said terms ending October 12, 2025.

The vote was: Aye: Rebecca Dye, Oris Christian, Tim Lovelace, Lou Wallace, David Eaton, Carl Rhea and Steve Breeding Nay: None

CHARLES EDMONDS AND JOHN MASON RE-APPOINTED TO THE RC PLANNING COMMISSION

Motion made by Oris Christian, second Carl Rhea and duly approved by the Board of Supervisors to re- appoint Charles Edmonds and John Mason to the Russell County Planning Commission for (4) four-year terms, said terms ending October 02, 2027.

The vote was: Aye: Oris Christian, Carl Rhea, Tim Lovelace, Lou Wallace, David Eaton, Steve Breeding and Rebecca Dye Nay: None

FRANK HORTON, TONY LAMBERT AND RON BLANKENSHIP RE-APPOINTED TO THE CPEDC

Motion made by Rebecca Dye, second Carl Rhea and duly approved by the Board of Supervisors to re- appoint Frank Horton, Tony Lambert and Ron Blankenship to the Cumberland Plateau Economic Development Commission for (1) one-year terms, said terms ending October 12, 2024.

The vote was: Aye: Rebecca Dye, Carl Rhea, Tim Lovelace, Lou Wallace, David Eaton, Steve Breeding and Oris Christian Nay: None

Citizens’ Comment

Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

Committee Appointments DR. KIM HOOKER APPOINTED TO THE SWCC LOCAL COLLEGE ADVISORY BOARD

Motion made by David Eaton, second Rebecca Dye and duly approved by the Board of Supervisors to

appoint Dr. Kim Hooker to the SWC Local College Advisory Board to fill the unexpired term of Kathryn

Easton, said term ending June 30, 2025.

The vote was:

‘Aye: David Eaton, Rebecca Dye, Tim Lovelace, Lou Wallace, Carl Rhea, Steve Breeding and Oris Christian

Nay: None

GARY DOTSON, JOHNNY B. JESSEE, EUGENE FERGUSON, BARBARA COX, TONY MAXFIELD AND HENRY STINSON, JR. TO THE HIGHWAY & SAFETY COMMISSION

Motion made by Rebecca Dye, second Oris Christian and duly approved by the Board of Supervisors to re-appoint Gary Dotson, Johnny B. Jesse, Eugene Ferguson, Barbara Cox, Tony Maxfield and Henry Stinson, Jr. to the Highway & Safety Commission for (2) two-year terms, said terms ending October 12, 2025.

The vote was: ‘Aye: Rebecca Dye, Oris Christian, Tim Lovelace, Lou Wallace, David Eaton, Carl Rhea and Steve Breeding

Nay: None

CHARLES EDMONDS AND JOHN MASON RE-APPOINTED TO THE RC PLANNING COMMISSION

The vote was: ‘Aye: Oris Christian, Carl Rhea, Tim Lovelace, Lou Wallace, David Eaton, Steve Breeding and Rebecca Dye Nay: None

FRANK HORTON, TONY LAMBERT AND RON BLANKENSHIP RE-APPOINTED TO THE CPEDC

The vote was: ‘Aye: Rebecca Dye, Carl Rhea, Tim Lovelace, Lou Wallace, David Eaton, Steve Breeding and Oris Christian Nay: None

Citizens’ Comment

The Chair opened citizens’ comment period.

Jim Lytle, Castlewood commented that we needed to be stewards of the community and be against the proposed landfill.

Wanda Burke, Lebanon thanked the Board for the $6000 that was taken from opioid setlement funds for the Mark Mero presenta�on. She also commented that it was not a poli�cal ploy.

Tony Smith, Cleveland stated that he thought an industrial park would be located in the county, not a trash dump. He was against the landfill and didn’t want trash from New York coming to our county.

Jackie Yates, Cleveland stated that his business has struggled, he tries to do the right thing and asked the Board if there was any way to help him with the disposal fee for �res.

Mike White stated that he is 150% against the landfill as he owns property near the Moss lll site.

Jarrod Ring, Castlewood commented that he wanted to live and work here in Russell County. There is a real lack of jobs, and a landfill adds insults to injury when he thinks of the impact it could have on the county.

Linda Fletcher, Lebanon opposes the landfill. She asked if they would want a landfill across from their homes or farms, would it be worth the cost down the road?

Vickie Kits, Virginia Educa�on Associa�on advised the Board that Russell County was at the botom of the list for salaries in the region.

Jennifer Chumbley, Cleveland stated that she owns land near the proposed landfill site and her family did not want this. She also stated that she didn’t appreciate being threatened.

Angie McGlothlin, Honaker said that a private landfill would contaminate our water and air, leaks would eventually happen. She feels that this would be a big mistake.

David Miller, Honaker stated that he has an issue with the PSA. He feels that the $100 fee to turn his water back on was unfair.

Thomas Reed, Lebanon is opposed to the landfill and feels that the Board needs to think about this and not let it happen.

Jeremiah Neal, Cleveland totally opposes the landfill and doesn’t like everything being so secre�ve.

Chris Axxom, Cleveland lives ¼ mile from the proposed landfill, he will have to move it comes.

Nate Kiser, Lebanon wants the Board to let everyone know the status of the proposed landfill since everyone knows about it and were making lots of assump�ons.

Ty Harris, Cleveland is 100% against the landfill and he will not stand by and let it happen. He also stated that he was threatened when he commented about the landfill.

The Chair opened citizens’ comment period.

Jim Lyttle, Castlewood commented that we needed to be stewards of the community and be against the proposed landfill

Wanda Burke, Lebanon thanked the Board for the $6000 that was taken from opioid settlement funds for the Mark Mero presentation. She also commented that it was not a political ploy.

Jackie Yates, Cleveland stated that his business has struggled, he tries to do the right thing and asked the Board if there was any way to help him with the disposal fee for tires.

Mike White stated that he is 150% against the landfill as he owns property near the Moss Ill site. Jarrod Ring, Castlewood commented that he wanted to live and work here in Russell County. There is a real lack of jobs, and a landfill adds insults to injury when he thinks of the impact it could have on the

county.

Linda Fletcher, Lebanon opposes the landfill. She asked if they would want a landfill across from their homes or farms, would it be worth the cost down the road?

Vickie Kitts, Virginia Education Association advised the Board that Russell County was at the bottom of the list for salaries in the region

Jennifer Chumbley, Cleveland stated that she owns land near the proposed landfill did not want this. She also stated that she didn’t appreciate being threatened.

re and her family. Angie McGlothlin, Honaker said that a private landfill would contaminate our water and air, leaks would eventually happen. She feels that this would be a big mistake.

David Miller, Honaker stated that he has an issue with the PSA. He feels that the $100 fee to turn his water back on was unfair.

Thomas Reed, Lebanon is opposed to the landfill and feels that the Board needs to think about this and not let it happen.

Jeremiah Neal, Cleveland totally opposes the landfill and doesn’t like everything being so secretive. Chris Axxom, Cleveland lives % mile from the proposed landfill, he will have to move it comes

Nate Kiser, Lebanon wants the Board to let everyone know the status of the proposed landfill since everyone knows about it and were making lots of assumptions.

Ty Harris, Cleveland is 100% against the landfill and he will not stand by and let it happen. He also stated that he was threatened when he commented about the landfill.

Flora Farmer, Cleveland stated that she doesn’t want this landfill near Cleveland.

Linda Couch, Mayor of the Town of Cleveland is totally against the landfill.

The Chair closed ci�zens’ comment period.

County Administrator Reports & Requests

APPROVAL OF ROBINSON, FARMER AND COX AUDIT ENGAGEMENT FOR FY 2023 IN THE AMOUNT OF $75,000

Mo�on made by Steve Breeding, David Eaton and duly approved by the Board of Supervisors to approve the FY 2023 Audit Engagement with Robinson, Farmer & Cox in the amount of $75,000.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

APPROVAL TO UPGRADE THE COUNTY’S FINANCIAL SYSTEM IN THE AMOUNT OF $40,279

Motion made by Oris Christian, second Carl Rhea and duly approved by the Board of Supervisors to upgrade the County’s financial system software & maintenance in the amount of $40,279.00.

The vote was: Aye: Oris Chris�an, Carl Rhea, Tim Lovelace, Steve Breeding, Lou Wallace, David Eaton and Rebecca Dye Nay: None

APPROVAL OF THE FY 24 FIRE PROGRAM AGREEMENT & GRANT

Mo�on made by David Eaton, second Rebecca Dye and duly approved by the Board of Supervisors to approve and appropriate the FY 24 Fire Program Agreement & Grant in the amount of $95,029.

The vote was: Aye: David Eaton, Rebecca Dye, Carl Rhea, Tim Lovelace, Lou Wallace, Steve Breeding and Oris Christian Nay: None

APPROVAL OF FY23/24 GENERAL ASSEMBLY BUDGET AMENDMENT THAT INCLUDES A 2% SALARY INCREASE FOR EMPLOYEES

Motion made by Tim Lovelace, second Lou Wallace and duly approved by the Board of Supervisors to approve a General Assembly Budget Amendment that includes a 2% salary increase for employees.

The vote was: Aye: Tim Lovelace, Lou Wallace, Carl Rhea, David Eaton, Steve Breeding, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF AN APPROPRIATION ADVANCE REQUEST FROM THE CLINCH RIVER LITTLE LEAGUE

Flora Farmer, Cleveland stated that she doesn’t want this landfill near Cleveland. Linda Couch, Mayor of the Town of Cleveland is totally against the landfill The Chair closed citizens’ comment period.

County Administrator Reports & Requests

APPROVAL OF ROBINSON, FARMER AND COX AUDIT ENGAGEMENT FOR FY 2023 IN THE AMOUNT OF $75,000

Motion made by Steve Breeding, David Eaton and duly approved by the Board of Supervisors to approve the FY 2023 Audit Engagement with Robinson, Farmer & Cox in the amount of $75,000.

The vote was: ‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian

Nay: None

APPROVAL TO UPGRADE THE COUNTY’S FINANCIAL SYSTEM IN THE AMOUNT OF $40,279

Motion made by Oris Christian, second Carl Rhea and duly approved by the Board of Supervisors to upgrade the County’s financial system software & maintenance in the amount of $40,279.00.

The vote was: ‘Aye: Oris Christian, Carl Rhea, Tim Lovelace, Steve Breeding, Lou Wallace, David Eaton and Rebecca Dye

Nay: None

APPROVAL OF THE FY 24 FIRE PROGRAM AGREEMENT & GRANT

Motion made by David Eaton, second Rebecca Dye and duly approved by the Board of Supervisors to approve and appropriate the FY 24 Fire Program Agreement & Grant in the amount of $95,029.

The vote was: ‘Aye: David Eaton, Rebecca Dye, Carl Rhea, Tim Lovelace, Lou Wallace, Steve Breeding and Oris Christian Nay: None

APPROVAL OF FY23/24 GENERAL ASSEMBLY BUDGET AMENDMENT THAT INCLUDES A 2% SALARY INCREASE FOR EMPLOYEES

Motion made by Tim Lovelace, second Lou Wallace and duly approved by the Board of Supervisors to approve a General Assembly Budget Amendment that includes a 2% salary increase for employees.

The vote was:

Aye: Tim Lovelace, Lou Wallace, Carl Rhea, David Eaton, Steve Breeding, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF AN APPROPRIATION ADVANCE REQUEST FROM THE CLINCH RIVER LITTLE LEAGUE

Motion made by David Eaton, second Oris Christian and duly approved by the Board of Supervisors to approve an appropriation request for FY2024/2025 from the Clinch River Little League.

The vote was: Aye: David Eaton, Oris Christian, Lou Wallace, Tim Lovelace, Steve Breeding, Carl Rhea and Rebecca Dye Nay: None

APPROVAL OF A TRAVEL REQUEST FROM THE RCPL

Motion made by Carl Rhea, second Oris Christian and duly approved by the Board of Supervisors to approve a travel request from the Russell County Public Library.

The vote was: Aye: Carl Rhea, Oris Christian, Lou Wallace, Tim Lovelace, Steve Breeding, David Eaton and Rebecca Dye Nay: None

APPROVAL OF PLANNING COMMISSION PLATS

Motion made by Rebecca Dye, second Carl Rhea and duly approved by the Board of Supervisors to approve plats as recommended by the Russell County Planning Commission.

The vote was: Aye: Rebecca Dye, Carl Rhea, Tim Lovelace, Lou Wallace, David Eaton, Steve Breeding and Oris Christian Nay: None

APPROVAL TO ISSUE A TIRE DISPOSAL FEE WAIVER

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to authorize the County Administrator to work with disposal companies concerning a waiver of tire disposal fees at the County’s Transfer Station concerning tires picked up at county dump sites or along County’s right-of-way.

The vote was: Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Rebecca Dye, Carl Rhea and Oris Christian Nay: None

APPROVAL TO SET THE NEXT BOARD MEETING FOR MONDAY, NOVEMBER 13, 2023 AT 6:00 PM

Motion made by Steve Breeding, second Oris Christian and duly approved by the Board of Supervisors to schedule the November Board of Supervisors meeting on Monday, November 13, 2023 at 6:00 pm.

The vote was: Aye: Steve Breeding, Oris Christian, Tim Lovelace, Lou Wallace, Carl Rhea, David Eaton and Rebecca Dye Nay: None

The meeting was adjourned by the Chair.

Motion made by David Eaton, second Oris Christian and duly approved by the Board of Supervisors to approve an appropriation request for FY2024/2025 from the Clinch River Little League.

The vote was: ‘Aye: David Eaton, Oris Christian, Lou Wallace, Tim Lovelace, Steve Breeding, Carl Rhea and Rebecca Dye Nay: None

APPROVAL OF A TRAVEL REQUEST FROM THE RCPL

Motion made by Carl Rhea, second Oris Christian and duly approved by the Board of Supervisors to approve a travel request from the Russell County Public Library.

The vote was: ‘Aye: Carl Rhea, Oris Christian, Lou Wallace, Tim Lovelace, Steve Breeding, David Eaton and Rebecca Dye

Nay: None APPROVAL OF PLANNING COMMISSION PLATS

Motion made by Rebecca Dye, second Carl Rhea and duly approved by the Board of Supervisors to approve plats as recommended by the Russell County Planning Commission.

The vote was: ‘Aye: Rebecca Dye, Carl Rhea, Tim Lovelace, Lou Wallace, David Eaton, Steve Breeding and Oris Christian Nay: None

APPROVAL TO ISSUE A TIRE DISPOSAL FEE WAIVER

The vote was: Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Rebecca Dye, Carl Rhea and Oris Christian Nay: None

APPROVAL TO SET THE NEXT BOARD MEETING FOR MONDAY, NOVEMBER 13, 2023 AT 6:00 PM.

Motion made by Steve Breeding, second Oris Christian and duly approved by the Board of Supervisors to schedule the November Board of Supervisors meeting on Monday, November 13, 2023 at 6:00 pm.

The vote was: Aye: Steve Breeding, Oris Christian, Tim Lovelace, Lou Wallace, Carl Rhea, David Eaton and Rebecca Dye Nay: None

The meeting was adjourned by the Chair.

Clerk of the Board Chairperson

                                                  Board of Supervisors                         Action Item B-2

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

    Meeting: 11/13/23      6:00 PM

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Approval of Expenditures

Request approval of the County’s October 2023 Monthly Expenditures:

STAFF RECOMMENDATION(s):
County’s October 2023 Monthly Expenditures are in compliance with budget and operational

services.

SUGGESTED MOTION(s): Motion to approve County’s October 2023 Monthly Expenditures.

ATTACHMENTS:

• October 2023 Monthly Expenditures

Board of Supervisors Action Item B-2 137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

Meeting: 11/13/23 6:00 PM

Approval of Expenditures

Request approval of the County’s October 2023 Monthly Expenditures:

STAFF RECOMMENDATION(s): County’s October 2023 Monthly Expenditures are in compliance with budget and operational

services.

SUGGESTED MOTION(s): Motion to approve County’s October 2023 Monthly Expenditures.

ATTACHMENTS:

October 2023 Monthly Expenditures

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

pogo 13/02/2023

pup pare iya3/2023

32/03/2023 32/03/2023

32/03/2023 11/03/2023, 11/03/2023

32/03/2023 31/03/2023 31/03/2003

21/03/2023 32/03/2023 32/03/2023

32/03/2023 32/03/2028

32/03/2023 32/03/2023

3/03/2022

32/03/2023 3/03/2023 32/03/2023 3/03/2023 32/03/2023 3/03/2023

32/03/2023 3/03/2023 1/03/2023 32/03/2023

31/03/2023 1703/2023

11/03/2023 11/03/2023 11/03/2023 12/03/2023 31/93/2023

31/03/2023

32/03/2023 21/03/2023 21/03/2023 31/03/2003

Ev ATE 50/32/2028

30/28/2023 30/35/2023

30/29/2023 30/39/2023 0/34/2023

1/29/2023 8/30/2023 9719/2023

10/24/2023 20/23/2023 10/03/2023

20/25/2023 30/08/2023

ay32/2023 573872023

22/26/2023

20/26/2023 20/26/2023 fo/is/2023 20/26/2023 30/26/2023 32/28/2025

30/28/2025 Seyae/2023 30/28/2023 0/39/2023

9/20/2023 9/20/2023

20/24/2023 30/24/2003 10/24/2023 30/10/2023 30/24/2023

10/25/2023

aofon/2023 Loren/a003 30/01/2023 ioven/2023

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397-295708

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‘9005031767 908031767 008031767

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19012023 Bristtery 20012023,

TOTAL FOR DUE DATE 11/03/2023 TOERL BYE POR FUND- 4100

immtazoo wack 1 gross mar Mer AouNE G/L Accoure Bot feaah2e Tigy-28 {200-087400-5408- == 2067 28 aaa7 aa © ers Males 4200-032020-5203- – io227 49137 4ioqo3ieag—s203- = 33.35, 93.95 jean 53.21 s200-o210g0-sear- = - 2362 G2’¢2 Gana-ozi020-seo- >= 108.25 106125 fio0-o1sa1a-sea- >> 242198 20258 * Soaat $34.41 4100-08eou0-a039- =~ 540186 $40.86 Gi00-osao10-9038- == 240 55 2ayiss sicoco7aeeonseoo. > I 2322182 3322182 + 2095 24195 _4100-062400-Sa08- -— Bulge 2295 « 263.22 2e3.22 s100-012080-sa01- =~ 303133 Benga « reser) 549.78 “st00-oaza0o-sao7- == 73.78 73098 + 593072 598192 “4300-0s2020-5408- =~ 10.99 ola aieg-oa3eag-se0o7- > 386.92, 586.23 + 55.45 5145 4200-02200-se08- 20.25, 2ola3 sigg-ea0ad-ssoe > 38094 pein 38.59 $8189 4aea-casoz0-sa01- =~ 3659 Sass + 330138 a30138 "«200-022020-8203- =~ inelas 328132 <1ao-o31020-5203- >= else Lolas feocoazoiesais- 2 19.53 19183 ¢1oo-oisezo-sais- == 145194 14s $a Hos-ossosons203- 2 = 137.86 137/96 too-oxziz0-s203- == 50.98 G0 88 + 3495 96.95 azo0-caznso-so1- =~ 3213 32133 sioosoazoro-sent- >> 2B 2213 dieo-oazoso-sacz- | 3253 32113 aroecouaiao-sant- > 191134 sotl3e + 38.39 36139 aro0-072080-s103— 32.62 Stle2 Sioo-oasozo-sz03- = 320°03, a30102 + Seales foe '8@ <300-043020-3000- ~~ 33.33 $3138 Gloe-oa3o20-s008 || 37180 37180 Sioaceeseaa-sooe- == 2336 3318 duogcesieag—ao0s- > 36.63 3ele3 s20c-osn020-3008- == 289/86 2as.ee + ise 0s is210s “sigo-osz0z0-300s- =~ 15903, is8l0s + 3,070.12 2.07012 ¢100-043020-se0a- = 3i2ea 38 3124832 Gieo-oss000-sooo- > 656.29 96.29 sioo-oaioz0-sag8- > peraers Gielas Gieo-osseoecso00. > aT 18 ean lis + relei7 24 Prete 36,617.28 18.617 24

pose 11/02/2023 AVP CASH REQUERRWEWTS PRE-LIST company $-003 Funmeai00 pace

DOE DATE _mw.DATE VENDOR mevorce cuass __saoss awe NET awouer g/t accoUNT B

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pogo 11/02/2023 AJP CASH REQUIREMENTS PRE-LIST COMPANY #-00 ue DATS DWy.DATE VENDOR swvores LASS __GROSS axr.

2/83/2025 9/70/2023 douse TOA OF FONAKER 05202% wT eee

Ferey) pee

32/03/2028 10/22/2023 ooc0s2 vERIZON 20222023 aoe ten

20.63 80.63

TOTAL FoR DUB DATE 11/03/2023 2a7 80 237780,

Nor-bunser DEPOSI? 19,0380 29,035.04

Denscr DEFOSTT 00 be

E-Payabie Total 0 2

FINAL DUE 19,035 104 39,0350

e33-be9980-5203-

'4839-082990-5203-

apos0 11/08/2023

Doe DATE Er/t3/2023

32/23/2003

32/23/2023 33/93/2023

32/23/2023 iiayao2s asya023 11/13/2003

31/13/2023 33/43/2023 3/23/2023 39/23/2023

32/23/2023 32/23/2023 52/23/2023 33/13/2023

31/13/2023

11/23/2023 1/13/2023 21/13/2023 3/23/2023 32/23/2023 30/93/2023 32/23/2023 Layasy2023

ni/3/2003 21/13/2023 21y13/2023 31/13/2023 32/23/2023 32/23/2023 32/23/2028 33/29/2023

aa/a3/2023 32/13/2023

any23/2022 aa/i3/2023 31/13/2023

32/23/2023

5/78/2023

so/29/2023

30/27/2028 33/01/2023

10/99/2023 10/23/2023 0/30/2023 31/06/2003,

9/22/2023 5722/2023 9/23/2023 3/22/2023

30/2/2023 30/37/2023 Yoyig/2025

9/28/2023

10/26/2023

0/02/2023 9/22/2023 9/21/2023 5/22/2023 5/39/2023 5/26/2023 30/30/2023 0/22/2023

0/29/2023 20/8/2023 to/ie/2003, 10/18/2023 ioyie/2023 20/20/2023 0/26/2023

9/21/2023

9/25/2023 5720/2023

9/30/2023 12/03/2023 20/13/2023

30/13/2023

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poss 12/08/2023

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3/23/2023

a1/13/2023, 31/33/2023

11/13/2023

21/13/2023 33/23/2023 31/33/2023 iayas/2023 3/83/2023 11/13/2023 tiyiay2023 31/13/2003 12/23/2023 aAsya023 1/3/2003 11/13/2003 31/43/2003 51/13/2023 22/23/2023 3/43/2023 32/23/2023 Sh/a3/2023 31/33/2023 ihyasy2023 31/23/2023 11/13/2003, 12/23/2023 t1y13/2003, 11/23/2023 34/13/2023 51/23/2023 33/23/2023 32/33/2023 32/23/2023 31/23/2023 2/3/2003, 31/73/2003 21/13/2003 2/13/2023 11/13/2003 52/23/2023 32/33/2023 22/23/2023 32/33/2025 32/93/2023 22/33/2023 Shya3y2023 34/33/2023 32/23/2023 11/13/2023,

pw pare 30/28/2025

30/06/2023

3/18/2023 5722/2023

10/20/2023

9/08/2023 3/98/2023 5/12/2023 9/32/2023 5/33/2023

30/37/2028

30/06/2023 9/22/2023 5722/2023 9/25/2023 5728/2023 9/26/2023 5/28/2023, 5728/2003,

20/en/2003 io/os/2003

20/20/2003

20/10/2023

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30/22/2023

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30/33/2023

0/13/2023

10/19/2083

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30/03/2023

20/06/2023

30/12/2023 9/28/2023 3/28/2023

0/03/2023

10/20/2023

10/10/2083

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io/aa/a0a3

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30/24/2023

30/05/2023

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30/25/2023

30/23/2023

30/24/2023

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Board of Supervisors Action Item: B-3

137 Highland Drive Presenter: Chairperson
Lebanon, VA 24266

    Meeting: 11/13/23        6:00 PM

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

  Board Appointments

Dante Community Center Board

Catherine Pratt 2-Year Term October 12, 2023 Jason Gullett 2-Year Term October 12, 2023

Russell County Planning Commission

Mark Mitchell 4-Year Term October 1, 2023

Cumberland Plateau Economic Development Commission

James Eaton Jr. 1-Year Term October 12, 2023

Staff Recommendation:

Presentation – Informational Only.

Suggested Motion:

Board Discretion.

ATTACHMENTS:

Various

Board of Supervisors Action Item: B-3 137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

Meeting: 11/13/23 6:00 PM

Board Appointments

Dante Community Center Board

Catherine Pratt 2-Year Term October 12, 2023 Jason Gullett 2-Year Term October 12, 2023

Russell County Planning Commission

Mark Mitchell 4-Year Term October 1, 2023

Cumberland Plateau Economic Development Commission

James Eaton Jr. 1-Year Term October 12, 2023

Staff Recommendation:

Presentation — Informational Only. Suggested Motion:

Board Discretion. ATTACHMENTS:

Various

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

[Board Appointments

Dante Community Center Board Members

Bobbie Gullett 2 Two Years April 4, 2023 [Arthur Phillips (deceased) 2 Two Years April 1, 2023 [Wanda Osborne (does not wish to serve) 2 Two Years April 1, 2023,

Russell County Public Library Board Yvonne Dye 4 Three Year June 30, 2023

[Spearhead Trails [Gilbert “Teddy” Clevinger 2 Three Years ‘August 7, 2023

Dante Community Center Board [Catherine Pratt 2 October 12, 2023 [jason Gullett 2 October 12, 2023

Planning Commission Mark Mitchell G Four Years October 1, 2022

[Cumberland Plateau Economic Development Commission liames Eaton, Jr. 6 One Year October 12, 2023

[Community Policy Vianagement Team

Community Policy Management Team

Lonzo Lester Four Year November 4, 2023 [Oak Grove Community Center

Linda Cross 1 Two Years November 1, 2023 Rita “Charlene” Johnson. i Two Years November 1, 2023 [Tammy Perry i Two Years November 1, 2023 [iohn Perry 1 Two Years November 1, 2023 Nancy Osborne 1 Two Years November 1, 2023 Pegey Kegley in Two Years November 1, 2023

Rebecca Dye 6 Four Year December 31, 2023 Highway & Safety Commission

Linda Cross) 1 Two Years December 31, 2023 industrial Development Authority

Donnie Christian 6 Four Term December 31, 2023 Nelson “Tony” Dodi 5 Four Term December 31, 2023 Richard Lockridge 5 Four Term December 31, 2023, [Southwest Virginia EMS Coun

Maxie Skeen 3 Four Years December 31, 2023

RUSSELL COUNTY BOARD OF SUPERVISORS.

BOARD / COMMITTEE APPLICATION

DATE OF APPLICATION: 2-38-23 (Please print or type in black ink) voriepistricr:

name: Jonata Eechsa JyeatvaIO13@oail Co

Fiest) (Last) (Email Address)

wasunc appress: WM Sykes Deve onkec VA 4960 F911 ADDRESS: WM kes Dave

‘TELEPHONENUMBERS: DAO -|42’T (Home) (Business) (Call) PROFESSION/VOCATION: : ’ En dian oe Quner of Tond A Tnvertnennts Calle Plas,

BOARDS/COMMITTEE ON WHICH YOU wish To serve: Kassel Coumha “CDA

ou {List no more than 3 ~ in order of preference 3) Kasrell County Touases )

OTHER INTERESTS: “orm; ne \s Taser Ss, Spending, Jno ith on , Le onl. son, soucarion: igh Solis osk Woo pars sh college o& ShCe

CIVIC OR SERVICE ORGANIZATION EXPERIENCE: _Poessesk oS Oyodadinan Goleman Wace

Oo) “Veal Qrrocrehen (Noaprabt Orgaircaioa) SYenss ok Cleudoad ie ARE YOU CURRENTLY A MEMBER OF A RUSSELL COUNTY BoARDoRcomMeTtiE? —_ Yo

IF YES, PLEASE NAME:

HAVE YOU PREVIOUSLY SERVED AS A MEMBER OF A RUSSELL COUNTY BOARD OR COMMITTEE? No

IF YES, PLEASE NAME:

Loretta Vance [email protected]

Online Form Submittal: Board and Committee Application

1 message

[email protected] [email protected] Thu, Oct 12, 2028 at 2:23 PM

To: [email protected], [email protected]

Board and Committee Application

Name

Email Address Mailing Address: E-911 Address: Phone Number Fax Number

Board/Committee on Which You Wish to Serve

Other Interests

Education

Job Experience

Are you currently a registered voter?

What voting district do you reside in?

Civic or Service Organization Experience

Philip Addington

philip.addington@yahoo,com 293 Greystone DR Castlewood Va 24224 Field not completed.

276-608-5759

Field not completed.

IDA

outdoor recreation, sports, history, and family HS, some college and various vocation training.

Home Constuction, Class CDL over the road trucking, Norfolk Southern Railway signal maintenance

Yes

District 2

Volunteer Fireman, coached various little league teams, Active member and Primitive Baptist Elder, member Russell County Planning Commision

‘Are you currently a member Yes of a Russell County Board or Committee?

If YES, please name: Russell County Planning Commision

Have you previously served _ Field not completed. as a member of a Russell County Board or Committee?

If YES, please name: Field not completed.

Email not displaying correctly? View it in your browser.

Board of Supervisors Action Item C-1 – C-17 137 Highland Drive Presenter: Administrator Lebanon, VA 24266

                 Meeting: 11/13/23         6:00 PM

County Administrator Reports & Requests

The County Administrator Reports & Request for November 2023:

REPORTS

VACo Preliminary Legislative Program 2024…………………………………………C-1
RC Parks Ordinance Review……………………………………………………………C-2
RC School Energy Performance CleanSource Capital SAVES Credit

Payment Agreement of $127,046.45………………………………………C-3

VDOT October 2023 Report……………………………………………………………C-4
RC Sheriff, Town of Lebanon, & Town of Honaker – “Shop With A COP”……C-5

REQUESTS

RC BOS Annual Holiday Community Turkey Donation (1,000 Families) &
County Employees (222 Employees)…………………………………………………C-6
RC PSA Virginia Water Supply Revolving Fund Nash Ford & Clinch

Mountain Road Project…………………………………………………………………C-7

2023-2024 Authorized General Registrar & Local Electoral Board Member
Salaries for Russell County……………………………………………………………C-8
VDEM FY2024 PSAP Staffing Recognition Grant ($30,000)………………………C-8
VA 9-1-1 Services Board – FY24 Data Maint & Data Transfer Grant ($5,000)…C-10
VDOT Speed Study (Lynn Springs Road, Rte. 632)………………….…………….C-11
RC Courthouse Skanska Project Management Services Agreement……………C-12
RC Human Resource & Payroll Position…………………………………………….C-13
DHCD CDBG Planning Grant – Dante Downtown Revitalization

Comprehensive Community Development ($60,000)………………………………C-14

DEQ Litter Prevention & Recycling Program Grant ($25,440)…………………….C-15
National Opioid Settlement Payment ($15,156.81)…………………………………C-16
RC Landfill Proposed Professional Services – TRC Engineers Inc…………….C-17

STAFF RECOMMENDATION(s):

Board Discretion.

SUGGESTED MOTION(s):

Board Discretion.

Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011

www.russellcountyva.us

http://www.russellcountyva.us/ http://www.russellcountyva.us/ Board of Supervisors Action Item C-1 - C-17 137 Highland Drive Presenter: Administrator Lebanon, VA 24266

Meeting: 11/13/23 6:00 PM

County Admi

trator Reports & Requests The County Administrator Reports & Request for November 2023: REPORTS

VACo Preliminary Legislative Program 2024.

RC Parks Ordinance Review. C2
RC School Energy Performance CleanSource Capital SAVES Credit Payment Agreement of $127,046.45. C3

4, VDOT October 2023 Report.

RC Sheriff, Town of Lebanon, & Town of Honaker ~ “Shop With A COP"…C-5 REQUESTS

6 RC BOS Annus Holiday Community Turkey Donation (1,000 Fema) & County Employees (222 Employees)…

RC PSA Virginia Water Supply Revolving Fund Nash Ford & Clinch Mountain Road Project…
2023-2024 Authorized General Registrar & Local Electoral Board Member Salaries for Russell County…
VDEM FY2024 PSAP Staffing Recognition Grant ($30,000)…
VA 9-1-1 Services Board - FY24 Data Maint & Data Transfer Grant ($5,000)…-10
VDOT Speed Study (Lynn Springs Road, Rte. 632).
RC Courthouse Skanska Project Management Services Agreement

13, RC Human Resource & Payroll Position.

44, DHCD CDBG Planning Grant ~ Dante Downtown Revitalization Comprehensive Community Development ($60,000). .

DEQ Litter Prevention & Recycling Program Grant ($25,440).
National Opioid Settlement Payment ($15,156.81).
RC Landfill Proposed Professional Services - TRC Engineers In

STAFF RECOMMENDATION(: Board Discretion.

SUGGESTED MOTION(s):

Board Discretion.

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www. russellcountyva.us

BOARD OF SUPERVISORS COUNTY OF RUSSELL LEBANON, VIRGINIA

Ordinance

At a regular meeting of the Russell County Board of Supervisors held in the Russell

County Government Center, Lebanon, Virginia, on the __ day of _______ ., 2015.

Present

Jon Bowerbank, Chairman Joseph Puckett, Vice Chairman Bob Gibson Ernest “Shy” Kennedy Freddie Anington Danny L. Brown Rebecca Dye

On motion of , seconded by , which canied ------ ------- --~

the following ordinance was adopted:

Regulation l.

RUSSELL COUNTY PARKS ORDINANCE

Definition of Tem1s

The following te1ms, unless otherwise expressly defined, shall have the meaning given herein.

(a) “Park,” shall include all designated public parks, historical sites, natural areas, and other recreational areas under the jurisdiction of the Russell County Board of Supervisors. (b) “County,” refers to the Russell Cmmty Board of Supervisors or the Russell County Recreation and Park Commission. ( c) “Regulation,” shall include any regulation duly adopted by the Russell Co1mty Board of Supervisors or Russell County Recreation and Park Commission pursuant to the powers contained in Virginia Code Section 15.l-1232(q). ( d) “Owner,” means any person, firm, association, partnership or corporation owning, leasing, operating, or having the exclusive use of a vehicle, aninlal or any other property under a lease or otherwise.

BOARD OF SUPERVISORS COUNTY OF RUSSELL LEBANON, VIRGINIA Ordinance

At a regular meeting of the Russell County Board of Supervisors held in the Russell

County Government Center, Lebanon, Virginia, on the ___ day of 2015.

Present Vote

Jon Bowerbank, Chairman Joseph Puckett, Vice Chairman Bob Gibson

Emest “Shy” Kennedy

Freddie Arrington

Danny L, Brown

Rebecea Dye

On motion of , seconded by » which carried .

the following ordinance was adopted:

RUSSELL COUNTY PARKS ORDINANCE

Regulation 1. Definition of Terms

The following terms, unless otherwise expressly defined, shall have the meaning given herein.

(a) “Park,” shall include all designated public parks, historical sites, natural areas, and other recreational areas under the jurisdiction of the Russell County Board of Supervisors,

(b) “County,” refers to the Russell County Board of Supervisors or the Russell County Recreation and Park Commission,

© “Regulation,” shall include any regulation duly adopted by the Russell County Board of Supervisors or Russell County Recreation and Park Commission pursuant to the powers contained in Virginia Code Section 15.1-1232(q).

(@) “Owner,” means any person, firm, association, partnership or corporation owning, leasing, operating, or having the exclusive use of a vehicle, animal or any other property under a lease or otherwise.

(e) “Foot Path or Trail,” means any path or trail maintained for pedestrians or handicapped persons. (f) “Bicycle Path,” means any path maintained for bicycles. (g) “Permits,” means any written license issued by or under authori1y of the Board of Supervisors or the Russell Coun1y Recreation and Park Commission, permitting the performance of a specified act or acts. (h) “Person,” means any natural person, corporation, company, association, orgauization, firm or partnership. (i) “Motor Vehicle,” means any wheeled conveyance, whether motor powered or animal-drawn. The term shall include any trailer in tow of any size, kind or description. (J) “Camping Unit,” shall mean a tent, sleeping bag, etc., and shall not mean tent trailer, travel trailer, camping trailer, pick-up camper, motor home or any other 1ype of temporary living quarters or shelter, whether inotor driven or designed to be attached to or drawn by a vehicle.

CONSTRUCTION AND SCOPE OF REGULATIONS

Regulation 2. Construction

Provisions of this regulations shall be construed as follows: (1) Any tenns in the singular shall include the plural; (2) Any term in the masculine shall include the feminine and the neuter; (3) Any requirements or prohibition of any act shall extend to and include the causing or procuring, directly or indirectly of such act; ( 4) When not inconsistent with the context, words in the present tense include the future; (5) No provision hereof shall make unlawful any act necessarily perfmmed by any officer, employee of t11e County, or agent of the Coun1y in the property and necessary execution of the te1ms of any agreement with the County; ( 6) Any act prohibited by these regulations, provided it is not otherwise prohibited by law or local ordinance, shall be lawful if perfmmed under, by virtue of and strictly within the provision of a pe1mit so to do and to the extent authorized; and (7) These regulations are in addition to and supplemeut the Virginia Game, Inland Fish and Boat Laws which are incorporated herein and made a pait hereof;

Regulation 3. Jurisdiction

These regulations shall be effective within and npon all public County parks, historical sites atld natural areas, and other recreational areas in Russell County which may be under the jurisdiction of the Russell County Board of Supervisors and shall regulate the use thereof by all persons.

( “Bicycle Path,” means any path maintained for bicycles.

(g) “Pemnits,” means any written license issued by or under authority of the Board of Supervisors or the Russell County Recreation and Park Commission, permitting the performance of a specified act or acts.

(h) “Person,” means any natural person, corporation, company, association, organization, firm or partnership.

() “Motor Vehicle,” means any wheeled conveyance, whether motor powered or animal-drawn, ‘The term shall include any trailer in tow of any size, kind or description.

® “Camping Unit,” shall mean a tent, sleeping bag, etc., and shall not mean tent trailer, travel trailer, camping trailer, pick-up camper, motor home or any other type of temporary living quarters or shelter, whether inotor driven or designed to be attached to or drawn by a vehicle.

CONSTRUCTION AND SCOPE OF REGULATIONS

Regulation 2, Construction

Provisions of this regulations shall be construed as follows: (2) Any terms in the singular shall include the plural; (2) Any term in the masculine shall include the feminine and the neuter, G) Any requirements or prohibition of any act shall extend to and include the causing or procuring, directly or indirectly of such act; (4) When not inconsistent with the context, words in the present tense include the future; (6) No provision hereof shall make unlawful any act necessarily performed by any officer, employee of the County, or agent of the County in the property and necessary execution of the terms of any agreement with the County; (© Any act prohibited by these regulations, provided it is not otherwise prohibited by law or local ordinance, shall be lawful if performed under, by virtue of and stricily within the provision of a permit so to do and to the extent authorized; and (7) These regulations are in addition to and supplement the Virginia Game, Inland Fish and Boat Laws which are incorporated herein and made a part hereof,

Regulation 3. Jurisdiction ‘These regulations shall be effective within and upon all public County parks, historical sites and natural

areas, and other recreational areas in Russell County which may be under the jurisdiction of the Russell County Board of Supervisors and shall regulate the use thereof by all persons.

PRESERVATION OF PARKS

Regulation 4. Flowers, Plants, Minerals, etc.

No person shall remove, destroy, cut down, carve, mutilate, transplant, take or gather in any manner any tree, flower, fem, shrub, rock or plant, historical attifact, or mineral in any pm·k, Nor shall any person attach any rope, wire or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of any area.

Regulation 5. Buildings, Signs, Structtlfes, etc.

No person shall in any manner deface, disturb, destroy, or disfigure any patt of any park, nor any building, sign, equipment, bridges, tables, benches, fu-eplaces, railings, paving or paving material, water lines or other public utilities or parts or appurtenances thereof, signs, notices of placards whether temporary or pennanent, monuments, stakes, posts, or other boundaty markers, or other struch!fes or equipment, facilities or park property or appurtenances whatsoever, either real or personal.

REFUSE AND RUBBISH

Regulation 6. Disposal of Refuse, Garbage, etc.

No person shall discharge, deposit in any part of any park or body of water in or adjacent to any park any garbage, sewage, refuse, waste, vegetables, food stuffs, boxes, tin cans, paper, litter or any other waste or offensive material, except in proper trash receptacles where these are provided.

Regulation 7. Pollution of waters

No persons shall bathe dogs or other animals, wash vehicles or clothing in the streams, or other waters of any park, or throw, discharge or otherwise cause to be placed into streatns, or other waters of the park or in any storm sewer or drain flowing into said waters, any substance, matter or thing, liquid or solid, which may or shall result in the pollution of said waters.

DISORDERLY CONDUCT

Regulation 8. Disorderly Conduct Prohibited

No person shall disobey a lawful order of a Park Supervisor or other duly authorized officer or agent of the County; nor commit a nuisance; nor use abusive, profane, or insulting language; nor unreasonably disturb or alflloy others; nor do any act tending to or atnolfllting to a breach of the peace nor conduct himself in any disorderly manner whatsoever.

Regulation 9. Gambling

Gatnbling in any park is prohibited.

PRESERVATION OF PARKS

Regulation 4. Flowers, Plants, Minerals, ete.

‘No person shall remove, destroy, cut down, carve, mutilate, transplant, take or gather in any manner any tree, flower, for, shrub, rock or plant, historical artifact, or mineral in any park, Nor shall any person attach any rope, wire or other contrivance to any tree or plant, A person shail not dig in or otherwise disturb grass areas or in any other Way injure or impair the natural beauty or usefulness of any area.

Regulation 5. Buildings, Signs, Structures, et

No person shall in any manner deface, disturb, destroy, or disfigure any part of any park, nor any building, sign, equipment, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts or appurtenances thereof, signs, notices of placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.

REEUSE AND RUBBISH

Regulation 6. Disposal of Refuse, Garbage, ete, No person shall discharge, deposit in any part of any park or body of water in or adjacent to any park any garbage, sewage, refuse, waste, vegetables, food stuffs, boxes, tin cans, paper; litter or any other waste or offensive material, except in proper trash receptacles where these are provided.

Regulation 7. Pollution of waters

‘No persons shall bathe dogs or other animals, wash vehicles or clothing in the streams, or other waters of any park, or throw, discharge or otherwise cause to be placed into streams, or other waters of the park or

in any storm sewer or drain flowing into said waters, any substance, matter or thing, liquid or solid, which may or shall result in the pollution of said waters.

DISORDERLY CONDUCT

Regulation 8. Disorderly Conduct Prohibited No person shall disobey a lawful order of a Park Supervisor or other duly authorized officer or agent of the County; nor commit a nuisance; nor use abusive, profane, or insulting language; nor unreasonably disturb or annoy others; nor do any act tending to or amounting to a breach of the peace nor conduct himself in any disorderly manner whatsoever.

Regulation 9. Gambling

Gambling in any park is prohibited.

Regulation JO. Disorderly Conduct

No persons shall have in his possession any tobacco products, alcoholic beverages, firearms or any other illegal substances or be under the influence of intoxicants while in the confines of any park. Anyone found in violation will be removed from the park and are subject to arrest.

Regulation 11. Use of Equipment

No person shall tan1per with or otherwise vandalize any equipment at any park.

Regulation 12. IllegalDrngs

No person shall have in his possession or be under the influence of illegal drugs.

HOURS OF ACCESS

Old Russell Coun1y Courthouse Regulation 13. No person, except employees or officers of the County, shall be allowed on the premises of the Old Russell County Courthouse from sunset until dawn of the following day unless by special pennit issued by the County.

Regulation 14. All Other Parks

Normal operating hours of pmks are from dawn tmtil 10:00 pm. All events should be concluded by this time unless mrangements are made in advance with the park’s Board of Directors. No person except employees or officers of the county shall be allowed within the confmes of any park after normal operating hours. Use of buildings and events specifically designated by the c01mnission or its agents are the only exception.

Regulation 15. Facility Use

A Facility Use Application must be submitted to the Board of Directors for approval ten (10) days before the event.

Regulation 16:

Any individual or organization sponsoring an event must provide sufficient adult supervision to maintain order and safety of all pmticipants, be responsible for any loss or damage to the prope1ty, and provide sufficient liability insurance coverage as required by the Commonwealth of Virginia. The Board of Directors needs to be a named insured on such liability insurance coverage.

Regulation 17.

An individual must be designated as a user group’s representative and will accept all liability for personal injuries or damage resulting from the use of the facility.

Regulation 10. Disorderly Conduct No persons shall have in his possession any tobacco products, alcoholic beverages, firearms or any other

illegal substances or be under the influence of intoxicants while in the confines of any park, Anyone found in violation will be removed from the park and are subject to arrest.

Regulation 11. Use of Equipment ‘No person shall tamper with or otherwise vandelize any equipment at any park. Regulation 12. Tegal Drugs

‘No person shall have in his possession or be under the influence of illegal drugs, HOURS OF ACCESS

Old Russell County Courthouse Regulation 13. No person, except employees or officers of the County, shall be allowed on the premises of the Old Russell County Courthouse from sunset until dawn of the following day unless by special permit issued

by the County.

Regulation 14. All Other Parks

Normal operating hours of parks are from dawn until 10:00 pm. All events should be concluded by this time unless arrangements are made in advance with the park’s Board of Directors. No person except employees or officers of the county shall be allowed within the confines of any park after normal operating hours. Use of buildings and events specifically designated by the commission or its agents are the only exception.

Regulation 15, Facility Use

A Facility Use Application must be submitted to the Board of Directors for approval ten (10) days before the event.

Regulation 16,

Any individual or organization sponsoring an event must provide sufficient adult supervision to maintain order and safety of all participants, be responsible for any loss or damage to the property, and provide sufficient liability insurance coverage as required by the Commonwealth of Virginia, The Board of

Directors needs to be a named insured on such liability insurance coverage.

Regulation 17.

individual must be designated as a user group’s representative and will accept all liability for personal injuries or damage resulting from the use of the facility.

Regulation 18.

A cash deposit of $300 to $1,000 will be required.

Regulation 19.

In the event of property loss or damage, an amount retained from the deposit shall be determined by the Board of Directors.

Regulation 20.

The Board of Directors reserves the right to charge a reasonable fee for use of County facilities.

Regulation 21.

Co1mty facilities shall not be used for commercial or personal gain, but proceeds may be used for designated charitable, educational or community welfare pmposes.

Regulation 22.

These regulations shall be available to all users of County facilities.

Regulation 23. Bathing Prohibited

No person shall swim in any waters in any park.

Regulation 24. Firearms

No person except designated employees, policy officers, or special police officers shall carry or possess firearms of any description, or slingshot, bow and arrow, dait device, or other device designated for high speed missile projection.

Regulation 25. Explosives

No persons shall bring into or possess in any park any explosive or explosive substance.

Regulation 26. Fires, Lighted Cigarettes, etc.

No person shall kindle, build, maintain or use fire other than in places provided or designated for such purposes or otherwise by special permit. Any fire shall be continuously under the cai·e and direction of a competent person over sixteen years of age from the time it is kindled lmtil it is extinguished. No person within the confme of any park shall throw away or discard any lighted match, cigarette, cigar, or other burning object. Any lighted match, cigarette, cigar, or other burning object must be entirely extinguished before being properly disposed of.

Tracy Highlight

Regulation 18. A cash deposit of $300 to $1,000 will be required. Regulation 19.

In the event of property loss or damage, an amount retained from the deposit shall be determined by the Board of Directors.

Regulation 20. ‘The Board of Directors reserves the right to charge a reasonable fee for use of County facilities. Regulation 21.

County facilities shall not be used for commercial or personal gain, but proceeds may be used for designated charitable, educational or community welfare purposes.

Regulation 22.

‘These regulations shall be available to all users of County facilities.

Regulation 23. Bathing Prohibited

‘No person shall swim in any waters in any park.

Regulation 24. Firearms

No person except designated employees, policy officers, or special police officers shall carry or possess firearms of any description, or slingshot, bow and arrow, dart device, or other device designated for high- speed missile projection.

Regulation 26, Fires, Lighted Cigarettes, etc.

No person shall kindle, build, maintain or use fire other than in places provided or designated for such purposes or otherwise by special permit, Any fire shall be continuously under the care and direction of a competent person over sixteen years of age from the time it is kindled until it is extinguished. No person within the confine of any park shall throw away or discard any lighted match, cigarette, cigar, or other burning object. Any lighted match, cigarette, cigar, or other burning object must be entirely extinguished before being properly disposed of.

Regulation 27. Smokiug

No person shall smoke in any structure or place in any park where smoking is prohibited as indicated by sign. No smoking is allowed when walking nature trails. Smoking may be forbidden by the County or its authorized agent in any part of any park when it is deemed that the foe hazard makes such action advisable.

HUNTING AND FISHING

Regulation 28. Hunting

No person shall hunt, pursue, trap, shoot, injure, ldll or molest in any way any bird or animal within the confines of a pm1<, nor shall any person possess any wild bird or animal within a park. Shooting into a pm·k from beyond park boundaries is prohibited.

Regulation 29. Fishing

Fishing is pe1mitted in designated areas of pm·ks. All persons fishing must have a State Fishing License as required by law and comply with all applicable state laws and regulations. No commercial fishing is allowed.

DOGSANDOTHERANIMALS

Regulation 30. Animals at Large

No person shall cause or permit any animal owned by him, in his custody or under his control, except an animal restrained by a leash not exceeding six feet in length, to enter any park, and any such animal may be seized and disposed of as provided by law.

MODEL ROCKETS ORAIRPLANES

Regulation 31. Certain Activities Prohibited

No person shall engage in the flying of powered model rockets or airplanes in any park.

TRAFFIC AND PARKING

Regulation 32. Vehicles Use

No person shall drive a motor vehicle in any park within or upon a safety zone, walk, bicycle path, nature Trail, fire truck trail, se!'Vice road or any park not designated for, or customarily used by motor vehicles, except properly authorized individuals engaged in fire control, park maintenance, or other necessary park related activities.

Regulation 27. Smoking No person shall smoke in any structure or place in any park where smoking is prohibited as indicated by sign. No smoking is allowed when walking nature trails. Smoking may be forbidden by the County or its

authorized agent in any part of any park when it is deemed that the fire hazard makes such action advisable,

HUNTING AND FISHING

Regulation 28. Hunting ‘No person shall hunt, pursue, trap, shoot, injure, kill or molest in any way any bird or animal within the confines of a park, nor shall any person possess any wild bird or animal within a park. Shooting into a park from beyond park boundaries is prohibited, Regulation 29. Fishing Fishing is permitted in designated areas of parks. All persons fishing must have a State Fishing License as required by law and comply with all applicable state laws and regulations, No commercial fishing is allowed.

DOGS AND OTHER ANIMALS Regulation 30. Animals at Large ‘No person shall cause or permit any animal owned by him, in his custody or under his control, except an

animal restrained by a leash not exceeding six fect in length, to enter any park, and any such animal may be seized and disposed of as provided by law.

MODEL ROCKETS OR AIRPLANES

Regulation 31. Certain Activities Prohibited

No person shall engage in the flying of powered model rockets or airplanes in any park.

‘TRAFFIC AND PARKING.

Regulation 32. Vehicles Use

‘No person shall drive a motor vehicle in any park within or upon a safety zone, walk, bicycle path, nature ‘rail, fire truck trail, service road or any park not designated for, or customarily used by motor vehicles, except properly authorized individuals engaged in fire control, park maintenance, or other necessary park- related activities.

Regulation 33. Parking

(a) In General. No owner or driver shall cause or permit a vehicle to stand anywhere in any park outside of designated parking spaces, except at reasonable times to receive or discharge passengers. Pm1cing shall be in accordance with the posted direction at the parking area mlCl/or with the instruction of any attendant who may be present.

(b) Handicap.Jled Parking. No owner or driver shall cause or permit a vehicle to stand in any space designated for use by the handicapped in any park unless the vehicle displays a license plate or decal issued by The Commissioner of Motor Vehicles of Virginia, or a simi!m· identification issued by similar authority in some other state or District of Columbia.

Regulation 34. Obstructing Traffic

No person shall cause or pennit a vehicle to obstruct traffic.

Regulation 35. Speed Limit

The speed limit on any park road is no more than 15 miles per hour.

Regulation 36. Excessive Loads

No person shall operate any excessively loaded vehicle anywhere in any park. The determination of whether a load is excessive will be made by the Pm·k Official and will be based upon the load and the condition of the road.

AVIATION

Regulation 3 7.

No person shall voluntarily bring, land or cause to descend or alight within or upon any park, any airplane, flying machine, balloon, parachute or other appm·atus for aviation except under permit or by forced landing in the event of an emergency.

CLOSED AREAS

Regulation 38.

No person shall enter or use an area posted as “Closed to the Public”.

ENFORCEMENT

Regulation 39.

(a) Officials. The Director and park attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this Ordinance.

Regulation 33. Parking

(@ In General. No owner or driver shall cause or permit a vehicle to stand anywhere in any park outside of designated parking spaces, except at reasonable times to receive or discharge passengers. Parking shall be in accordance with the posted direction at the parking area and/or with the instraction of any attendant who may be present.

() Handicapped Parking, No owner or driver shall cause or permit a vehicle to stand in any space designated for use by the handicapped in any park unless the vehicle displays a license plate or decal issued by The Commissioner of Motor Vehicles of Virginia, or a similar identification issued by similar authority in some other state or District of Columbis,

Regulation 34, Obstructing Traffic No person shall cause or permit a vehicle to obstruct traffic, Regulation 35. Speed Limit

‘The speed limit on any park road is no more than 15 miles per hour.

Regulation 36. Excessive Loads No person shall operate any excessively loaded vehicle anywhere in any park, The determination of whether a load is excessive will be made by the Park Official and will be based upon the load and the condition of the road,

AVIATION Regulation 37. ‘No person shall voluntarily bring, land or cause to descend or alight within or upon any park, any

airplane, flying machine, balloon, parachute or other apparatus for aviation except under permit or by forced landing in the event of an emergency.

CLOSED AREAS

Regulation 38.

‘No person shall enter or use an area posted as “Closed! to the Public”.

ENEORCEMENT.

Regulation 39.

(a) Officials. The Director and park attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this Ordinance.

(b) Ejectment. The Director and any park attendant shall have the authority to eject from the park any person acting in violation of this Ordinance.

PENALTIES

Regulation 40.

It shall be unlawful and constitute a misdemeanor for any person to violate any of the provisions of the Russell County Park Commission Rules, as promulgated under the authority of Virginia Code Section 15.l-1232(q).

Each day any person continues to act. in violation of any of the mies shall constitute a separate offense.

Eve1y person convicted of a misdemeanor for violation of any of the rules shall be punished by a fine of not less than ten dollars nor more than five hundred dollars and the trial of all violations of this ordinance shall be enforced by proceedings before the Judge of the Russell Cmmty District Co mt, in the manner and with like rights of appeal as is provided in misdemeanor cases; and the Sheriff and all deputies, Virginia Game Warden, and all police officers of Russell county are hereby authorized to issue summons in writing to the violators of this ordinance to appear before said Court. All fines collected from any person for violating any pmtion of this ordinance, upon conviction thereof, shall be credited to the general revenue funds of the County of Russell and deposited by the Treasurer or Russell County in the same manner as provided for other monies.

Regulation 41. Saving Clause

If any section, phrase or pmt of this ordinance should for any reason be held invalid by a comt of competent jurisdiction, such decision shall not effect the remainder of this ordinance; and eve1y remaining section, plu·ase or pait thereof shall continue in full force and effect.

This ordinance shall become effective , 2015.


Attest: 

Adopted this __ day of~-----' 2015. 

~~~~~~~~~~-

Clerk 

JON BOWERBANK, CHAIRMAN 
Russell County Board of Supervisors 

8 

(b) Ejectment, The Diteotor and any park attendant shall have the authority to eject from the
park any person acting in violation of this Ordinance,

PENALTIES

Regulation 40.

It shall be unlawful and constitute a misdemeanor for any person to violate any of the provisions of the
Russell County Park Commission Rules, as promulgated under the authority of Virginia Code Section
15.1-1232(q).

Each day ay person continues to act in violation of any of the rules shall constitute a separate offense.

Every person convicted of a misdemeanor for violation of any of the rules shall be punished by a fine of
not less than ten dollars nor more than five hundred dollars and the trial of all violations of this ordinance
shall be enforced by proceedings before the Judge of the Russell County District Court, in the manner and
with like rights of appeal as is provided in misdemeanor cases; and the Sheriff and all deputies, Virginia
Game Warden, and all police officers of Russell county are hereby authorized to issue summons in
writing to the violators of this ordinance to appear before said Court, All fines collected from any person
for violating any portion of this ordinance, upon conviction thereof, shail be credited to the general
revenue finds of the County of Russell and deposited by the Treasurer or Russell County in the same
manner as provided for other monies.

Regulation 41, Saving Clause
IE any section, phrase or part of this ordinance should for any reason be held inyalid by a court of
competent jurisdiction, such decision shall not effect the remainder of this ordinance; and every
remaining section, phrase or part thereof shall continue in full foree and effect.

This ordinance shall become effective 2015.

Adopted this day of » 2015
JON BOWERBANK, CHAIRMAN
Russell County Board of Supervisors
Attest:
Clerk




 

1447 S. Tryon Street, Suite 301, Charlotte, NC 28203 Phone: 704-271-9889 

October 31, 2023 
 
Via Electronic Transmission 
 
Ms. Patricia A. Welling 
U.S. Bank National Association 
1021 E. Cary Street, Suite 1820 
Richmond, VA 23219 
 
Re:  Instructions for Disbursement of Credit Payments Received into the 

CleanSource Capital SAVES Credit Payment Account for the Benefit of County 
of Russell, Virginia  

 
Dear Pat: 
 
I am writing pursuant to the authority granted under the Administrative Services 
Agreement dated April 19, 2017 between CleanSource Capital, LLC (“Administrator”) and 
County of Russell, Virginia (“County of Russell, Virginia”) to provide written instructions 
with regard to the following credit payments received for the benefit of County of Russell, 
Virginia (the “Credit Payments”) pursuant to the Joinder Agreement dated April 19, 2017 
between Administrator, U.S. Bank National Association (“Custodian”) and County of Russell, 
Virginia (the “Joinder Agreement”) into the CleanSource Capital SAVES Credit Payment 
Account (the “Credit Payment Account”) established under the Master Custody Agreement 
dated March 17, 2017 between Administrator and Custodian (the “Master Custody 
Agreement”). 
 

     

 Receiver 
Date 

Received 

Credit 
Payment 
Amount  

 County of Russell, Virginia 10/31/2023 $127,046.45    
     
 Total  $127,046.45    

 
Please disburse these Credit Payments pursuant to the instructions in Exhibit A attached 
hereto and notify the Administrator of the disbursements when made.  
 
Please let us know of any questions or additional information needed to implement these 
instructions.  As always, thank you for your assistance in this matter and your continued 
work with the VA SAVES Green Community Program.  
 
Yours sincerely, 
 
 
 
 
W. Gregory Montgomery 
Managing Director 

CLeEAN|@g|Source

CAPITAL,

October 31, 2023
Via Electronic Transmission

Ms. Patricia A. Welling
U.S. Bank National Association
1021 E. Cary Street, Suite 1820
Richmond, VA 23219

Re: _ Instructions for Disbursement of Credit Payments Received into the
CleanSource Capital SAVES Credit Payment Account for the Benefit of County
of Russell, Virginia

Dear Pat:

1 am writing pursuant to the authority granted under the Administrative Services
Agreement dated April 19, 2017 between CleanSource Capital, LLC (“Administrator”) and
County of Russell, Virginia ("County of Russell, Virginia”) to provide written instructions
with regard to the following credit payments received for the benefit of County of Russell,
Virginia (the “Credit Payments”) pursuant to the Joinder Agreement dated April 19, 2017
between Administrator, U.S. Bank National Association (“Custodian”) and County of Russell,
Virginia (the “Joinder Agreement”) into the CleanSource Capital SAVES Credit Payment
Account (the “Credit Payment Account”) established under the Master Custody Agreement
dated March 17, 2017 between Administrator and Custodian (the “Master Custody
Agreement’).

Credit
Date Payment
Receiver Received Amount

County of Russell, Virginia 10/31/2023 $127,046.45
Total $127,046.45

Please disburse these Credit Payments pursuant to the instructions in Exhibit A attached
hereto and notify the Administrator of the disbursements when made.

Please let us know of any questions or additional information needed to implement these

instructions. As always, thank you for your assistance in this matter and your continued
work with the VA SAVES Green Community Program.

Yours sincerely,

“pags

W. Gregory Montgomery
Managing Director

1447 S. Tryon Street, Suite 301, Charlotte, NC 28203 Phone: 704-271-9889




 

1447 S. Tryon Street, Suite 301, Charlotte, NC 28203 Phone: 704-271-9889 
 

2 

 
 

Exhibit A 
 

Instructions for Disbursement of Credit Payment Received on October 31, 2023 into 
the CleanSource Capital SAVES Credit Payment Account for the Benefit of the County 

of Russell, Virginia 
 
 
To be disbursed to the Project Owner Account as per the instructions 
in Schedule I to the Joinder Agreement.      $116,153.56 
 
 
 
To be disbursed to the Administrator in payment of the attached  
Loan Servicing Invoice dated 10/15/2023 as authorized by the Project  
Owner, pursuant to the instruction at the bottom of the invoice.   $10,892.89 

  
 
 
Total Disbursements                   $127,046.45   
 

CLeEAN|@g|Source

CAPITAL

Exhibit A

Instructions for Disbursement of Credit Payment Received on October 31, 2023 into
the CleanSource Capital SAVES Credit Payment Account for the Benefit of the County
of Russell, Virginia

To be disbursed to the Project Owner Account as per the instructions

in Schedule I to the Joinder Agreement. $116,153.56

To be disbursed to the Administrator in payment of the attached
Loan Servicing Invoice dated 10/15/2023 as authorized by the Project
Owner, pursuant to the instruction at the bottom of the invoice. $10,892.89

Total Disbursements $127,046.45

1447 S. Tryon Street, Suite 301, Charlotte, NC 28203 Phone: 704-271-9889




Notes to Servicing Records
(1) Credit payments acknowledged by IRS & received in Custodial Account.  Red indicates not yet rec'd

5,588,478.16$              266,118.01$                 4.36% (2) Sequestration set for FY9/30/24 at 5.70%

1 2,895,313.31$             4/17/2017 (3) Before impact of Sequestration
21 10/1/2036 1,920,977.44$     

4.60% 913,891.34$         

951,585.10$         

360

Interest Calculated Calculated  

Pmts Date Balance Principal Interest Using the Credit Rate Credit Payment* Date Amount Amount (2) Date Amount

*At 70% of Credit Rate

0 4/19/2017 5,588,478.16$              

1 10/1/2017 5,365,990.84$              222,487.32$                 115,681.50$                 109,645.94$                 76,752.16$                          7/27/2017 76,752.16$           71,456.26$                          9/20/2017 71,456.25$               6.9%

2 5/21/2018 5,349,932.49$              16,058.35$                   -$                                -$                                -$                                      -$                       -$                                      

3 10/1/2018 5,176,161.76$              173,770.73$                 246,096.89$                 233,257.06$                 163,279.94$                       7/27/2018 163,279.94$         152,503.46$                        9/4/2018 152,503.46$            6.6%

4 10/1/2019 4,990,498.17$              185,663.59$                 238,103.44$                 225,680.65$                 157,976.46$                       7/26/2019 157,976.46$         148,181.92$                        9/10/2019 148,181.91$            6.2%

5 10/1/2020 4,792,450.42$              198,047.75$                 229,562.92$                 217,585.72$                 152,310.00$                       7/24/2020 152,310.00$         143,628.33$                        12/8/2020 144,917.26$            5.7%

6 10/1/2021 4,581,512.01$              210,938.41$                 220,452.72$                 208,950.84$                 146,265.59$                       7/23/2021 146,265.59$         137,928.45$                        9/27/2021 137,928.44$            5.7%

7 10/1/2022 4,357,157.38$              224,354.63$                 210,749.55$                 199,753.92$                 139,827.75$                       7/25/2022 139,827.75$         131,857.56$                        9/13/2022 131,857.57$            5.7%

8 10/1/2023 4,118,843.29$              238,314.09$                 200,429.24$                 189,972.06$                 132,980.44$                       7/21/2023 132,980.44$         125,400.56$                        10/31/2023 127,046.45               5.7%

For Servicing Period Ending 09/30/2023

Actual 

Sequestration 

Rate 

Average Principal Payment

Scheduled Debt Payments

Projected Credit Payment Remaining (3)

Actual Credit Payment Received by 

Russell into Custody Account

Projected Credit Payment 

Recv'd by Russell in 

Custody Acct

*Lesser of interest or calc CP

FIXED RATE BOND - DEBT SERVICE SCHEDULE

Payments/Year
Total Payments

QECB Credit Payment Calculation

Total Interest
Maturity 

Amount

Amount of Credit Payment 

Submitted to IRS on Form 8038-

CP*

Actual Credit Payment Received

Virginia Resources Authority Taxable Qualified Energy Conservation Revenue Bond, (VirginiaSAVES Green Community Program - Russell County Projects) Series 2017 (Direct 

Debt Service Schedule

Applicable Credit Rate

Annual Rate

Published
Total Projected Credit Payment (3)

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Highlight

Steve Breeding
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Steve Breeding
Highlight

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Highlight

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Highlight

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(1) Credit payments acknowledged by IRS & received in Custodial Account.  Red indicates not yet rec'd

(3) Assigned to Banc of America and payments made directly by Russell County (4) Payments under the Lease are credited against the Note.

Date Pmt # Transaction Amount Principal Interest Balance Date Pmt # Transaction Amount Principal Interest Balance

4/19/2017 Funding 5,588,478.16$        5,588,478.16$          4/19/2017 Funding 5,588,478.16$        5,588,478.16$       

10/1/2017 1 Payment 338,168.82$           222,487.32$       115,681.50$       5,365,990.84$          10/1/2017 1 Payment 338,168.82$           222,487.32$          115,681.50$       5,365,990.84$       

5/21/2018 2 Principal 16,058.35$              16,058.35$         -$                      5,349,932.49$          5/21/2018 2 Principal 16,058.35$             16,058.35$            -$                     5,349,932.49$       

10/1/2018 3 Payment 419,867.62$           173,770.73$       246,096.89$       5,176,161.76$          10/1/2018 3 Payment 419,867.62$           173,770.73$          246,096.89$       5,176,161.76$       

10/1/2019 4 Payment 423,767.03$           185,663.59$       238,103.44$       4,990,498.17$          10/1/2019 4 Payment 423,767.03$           185,663.59$          238,103.44$       4,990,498.17$       

10/1/2020 5 Payment 427,610.67$           198,047.75$       229,562.92$       4,792,450.42$          10/1/2020 5 Payment 427,610.67$           198,047.75$          229,562.92$       4,792,450.42$       

10/1/2021 6 Payment 431,391.13$           210,938.41$       220,452.72$       4,581,512.01$          10/1/2021 6 Payment 431,391.13$           210,938.41$          220,452.72$       4,581,512.01$       

10/1/2022 7 Payment 435,104.18$           224,354.63$       210,749.55$       4,357,157.38$          10/1/2022 7 Payment 435,104.18$           224,354.63$          210,749.55$       4,357,157.38$       

10/1/2023 8 Payment 438,743.33$           238,314.09$       200,429.24$       4,118,843.29$          10/1/2023 8 Payment 438,743.33$           238,314.09$          200,429.24$       4,118,843.29$       

Actual Debt PaymentsActual Debt Payments

Financing Lease ("Lease")(1)

Virginia Resources Authority Taxable Qualified Energy Conservation Revenue Bond, (VirginiaSAVES Green 

Community Program - Russell County Projects) Series 2017 (Direct Pay)

Virginia Resources Authority Taxable Qualified Energy Conservation Revenue Bond, (VirginiaSAVES Green 

Community Program - Russell County Projects) Series 2017 (Direct Pay)

VRA Bond

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Russell County BOS 

VDOT Update  
November 13, 2023 

Board Action Requests 

The Residency reiterates the following request: 
 
The Coal Committee authorized $100,000 in funds for repairs to Route 615 (from Chaney Creek to Back 
Valley) at its April 13, 2023, meeting. If the Board has not already done so, a resolution by the Board 
allocating the coal severance tax funds to the work on the route is needed. A resolution adopting the 
overall coal road plan is acceptable with a copy of the coal road plan referenced in - and attached - to 
the resolution with the Route 615 project shown in the plan.   
  

Maintenance Activities - Completed   
 

Maintenance crews are actively involved in a variety of activities including: 

 Maintenance work (spreading gravel, blading) was conducted on route 612. 

 Shoulder repairs were completed on portions of Routes 82 and 678. 

 Ditching and pipe clearing operations were completed portions of Routes 71, 603, 621, 645 and 673. 

 Pipe replacements completed include a triple run of pipe on Route 611, a double run of pipe on Route 

613 and a single run of pipe on Route 635.   

 Boom Ax / Tree Trimming & Brush cutting operations were completed on portions for the following routes: 

600, 615, 632, 665, 782 and 1088.  

 Pothole patching was completed on portions of routes 19, 71, 645, 661 and 668. 

 Roadside mowing operations continued with the third mowing cycle on primary routes complete. Mowing 

operations are now limited to spot mowing for visibility issues.   

 Ditching on Routes 67 and 71. 

 

Maintenance Activities - Planned 

• Slope stabilization / slide repair on Route 621.  This work as a ‘time of year’ restriction on it which 

prevents work from being done during certain months due to environmental concerns.   

• Boom ax work on various routes throughout the County.  

• Pothole patching on routes throughout the County as weather and workload allow.  

• Pavement Repairs (machine patching) on Route 615 (CST funded – See Board request above) 
 

• Debris removal on various routes (down trees and rocks/slides). 
 

• Removal of dead trees on Routes 80 (Hayter's Gap), 71, and 65. 
 

Russell County BOS
VDOT Update
November 13, 2023

Board Action Requests

The Residency reiterates the following request:
The Coal Committee authorized $100,000 in funds for repairs to Route 615 (from Chaney Creek to Back
Valley) at its April 13, 2023, meeting. If the Board has not already done so, a resolution by the Board
allocating the coal severance tax funds to the work on the route is needed. A resolution adopting the

overall coal road plan is acceptable with a copy of the coal road plan referenced in - and attached - to
the resolution with the Route 615 project shown in the plan.

Maintenance Ac! s - Completed

Maintenance crews are actively involved in a variety of activities including:

Maintenance work (spreading gravel, blading) was conducted on route 612.
Shoulder repairs were completed on portions of Routes 82 and 678.
«Ditching and pipe clearing operations were completed portions of Routes 71, 603, 621, 645 and 673.

«Pipe replacements completed include a triple run of pipe on Route 611, a double run of pipe on Route
613 and a single run of pipe on Route 635.

Boom Ax/ Tree Trimming & Brush cutting operations were completed on portions for the following routes:
600, 615, 632, 665, 782 and 1088.

«Pothole patching was completed on portions of routes 19, 71, 645, 661 and 668.

Roadside mowing operations continued with the third mowing cycle on primary routes complete. Mowing
operations are now limited to spot mowing for visibility issues.

«Ditching on Routes 67 and 71.

Maintenance Activities - Planned

* Slope stabilization / slide repair on Route 621. This work as a ‘time of year’ restriction on it which
prevents work from being done during certain months due to environmental concerns.

* Boom ax work on various routes throughout the County.

* Pothole patching on routes throughout the County as weather and workload allow.

* Pavement Repairs (machine patching) on Route 615 (CST funded — See Board request above)
* Debris removal on various routes (down trees and rocks/slides)

+ Removal of dead trees on Routes 80 (Hayter’s Gap), 71, and 65.




 

 

 

• 618 Rabbit Ridge - Grader patch paved section latter this summer. 
 

• Ditching at various locations through the County.  
 

• Streambank stabilization on Routes 613 (Moccasin Valley) and 661 (Artrip) 
 

• Drainage / slope stabilization in the median of Route 19 (Bypass) near Coal Tipple Hollow. 
 
 

Rural Rustic / 6 Year Plan Projects 

Work on Blanch Davis Road (Route 606) has been completed.  

Work on a one-mile segment of Lower Copper Creek (Route 678) has been completed. 

 

North Cedar Acres is a small project (adding approximately 370 feet) has been completed.    

 

Non — VDOT Projects 

 

Pure Salmon Project 

No new information to report this month. 

 

Three Rivers Destination Center 

No new activity this month on this project. 

2023 Resurfacing 

The following routes will be resurfaced (asphalt overlay) during the 2023 paving season: 

 

Route 80:    Intersection with Route 67 for a distance 0.4 miles south of Route 67 

Route 611:  Intersection with Route 609 to intersection with Route 685. 

Route 622:  Buchanan County to intersection with Route 624 

Route 624:  Buchanan County to 0.2 miles south of intersection with Route 843 

Route 646:  Intersection with Route 637 for a distance 0.8 miles south of Route 637 

Route 678:  Intersection with Route 680 for a distance 1.1 miles east of Route 680 

Route 732:  Intersection with Route 615 to dead end 

Route 740:  Intersection with Route 640 to intersection with Route 645 

Route 845:  0.35 mile loop off Alternate Route 58 

Route 1201: Intersection with Route 82 to dead end 

Route 1202: Intersection with Route 1206 to intersection with Route 82 

Route 1203: Intersection with Route 1206 to intersection with Route 82 

Route 1203: Intersection with Route 82 to intersection with Route 1205 

Route 1204: Intersection with Route 1206 to Route intersection with Route 1205 

Route 1205: Intersection with Route 696 to intersection with Route 1204 

Route 1206: Intersection with Route 1202 to intersection with Route 1204 

Route 1207: Intersection with Route 1208 to intersection with Route 1206 

Route 1208: Intersection with Route 1207 to dead end  

 

 

* 618 Rabbit Ridge - Grader patch paved section latter this summer.
* Ditching at various locations through the County

* Streambank stabilization on Routes 613 (Moccasin Valley) and 661 (Artrip)

* Drainage / slope stabilization in the median of Route 19 (Bypass) near Coal Tipple Hollow.

Rural Rustic / 6 Year Plan Projects
Work on Blanch Davis Road (Route 606) has been completed.

Work on a one-mile segment of Lower Copper Creek (Route 678) has been completed

North Cedar Acres is a small project (adding approximately 370 feet) has been completed.

Non — VDOT Projects

Pure Salmon Project

No new information to report this month.

Three Rivers Destination Center

No new activity this month on this project.

2023 Resurfacing

The following routes will be resurfaced (asphalt overlay) during the 2023 paving season:

Route 80: Intersection with Route 67 for a distance 0.4 miles south of Route 67
Route 611: Intersection with Route 609 to intersection with Route 685.

Route 622: Buchanan County to intersection with Route 624

Route 624: Buchanan County to 0.2 miles south of intersection with Route 843
Route 646: Intersection with Route 637 for a distance 0.8 miles south of Route 637
Route 678: Intersection with Route 680 for a distance 1.1 miles east of Route 680
Route 732: Intersection with Route 615 to dead end

Route 740: Intersection with Route 640 to intersection with Route 645

Route 845: 0.35 mile loop off Alternate Route 58

Route 1201: Intersection with Route 82 to dead end

Route 1202: Intersection with Route 1206 to intersection with Route 82

Route 1203: Intersection with Route 1206 to intersection with Route 82

Route 1203: Intersection with Route 82 to intersection with Route 1205

Route 1204: Intersection with Route 1206 to Route intersection with Route 1205
Route 1205: Intersection with Route 696 to intersection with Route 1204

Route 1206: Intersection with Route 1202 to intersection with Route 1204

Route 1207: Intersection with Route 1208 to intersection with Route 1206

Route 1208: Intersection with Route 1207 to dead end




 

 

 

 

The following routes will be resurfaced (latex overlay) during the 2023 paving season: 

Route  603:  Intersection with Route 643 to Tazewell County line 

Route  640:  Intersection with Route 740 for a distance of 2.5 miles 

Route  662:  Intersection with Route 82 to intersection with Route 740 

Route  666:  Intersection with Route 628 to intersection with Route 615 
Route  764:  Intersection with Route 19 to dead end 

Route  782:  Intersection with Route 19 to dead end 

Route  821:  Intersection with Route 66o to dead end 

Route  854:  Intersection with Route 764 to dead end 

Route  878:  Intersection with Route 873 to dead end 

Route  904:  Intersection with Route 19 to dead end 

Route  906:  Intersection with Route 904 to dead end 

Route  911:  Intersection with Route 883 to dead end 

Route  919:  Intersection with Route 883 to dead end 

Route  929:  Intersection with Route 904 to intersection with Route 904 

Route  998:  Intersection with Route 99 to Haber Drive 

Route  999:  Intersection with Route 998 to dead end 

Route 1060: Intersection with Route 19 to dead end 

Route 1061: Intersection with Route 1060 to dead end 

 

Residency staff stand ready to respond to inquiries and provide explanations but also offer the 1800-FOR-ROAD 

call to enter work order requests into VDOT's tracking system. 

The following routes will be resurfaced (latex overlay) during the 2023 paving season

Route 603: Intersection with Route 643 to Tazewell County line
Route 640: Intersection with Route 740 for a distance of 2.5 miles
Route 662: Intersection with Route 82 to intersection with Route 740
Route 666: Intersection with Route 628 to intersection with Route 615
Route 764: Intersection with Route 19 to dead end

Route 782: Intersection with Route 19 to dead end

Route 821: Intersection with Route 660 to dead end

Route 854: Intersection with Route 764 to dead end

Route 878: Intersection with Route 873 to dead end

Route 904: Intersection with Route 19 to dead end

Route 906: Intersection with Route 904 to dead end

Route 911: Intersection with Route 883 to dead end

Route 919: Intersection with Route 883 to dead end

Route 929: Intersection with Route 904 to intersection with Route 904
Route 998: Intersection with Route 99 to Haber Drive

Route 999: Intersection with Route 998 to dead end

Route 1060: Intersection with Route 19 to dead end

Route 1061: Intersection with Route 1060 to dead end

Residency staff stand ready to respond to inquiries and provide explanations but also offer the 1800-FOR-ROAD
call to enter work order requests into VDOT's tracking system.




RUSSELLiCOUNTY =

R O RUSSELL COUNTY SHERIFF’S OFFICE
William J Watson, Sheriff
SHERIFF'S OFFICE 79 Rogers Avenue, Lebanon, Virginia 24266

Phone: (276) 889-8033 Fax: (276) 889-0753

October 31, 2023

Mrs. Lou Ann Wallace, Chairperson
Russell County Board of Supervisors
137 Highland Drive
Lebanon, VA 24266

Dear Chairperson Wallace and Members of the Russell County Board of Supervisors:

The Russell County Sheriff's Office, Lebanon Police Department, and Honaker Police
Department have equally come together in unity to host this years Shop With A Cop Program
for Russell County. With the hardships and uncertainty that some families face, especially
during the holiday season, the Shop With A Cop Program is an event to provide underprivileged
children within Russell County a happy and joyous holiday season. Participants will be selected
from area schools and children within Russell County that may not yet be in school through an
application process to ensure those chosen are truly deserving and in need of assistance.

It is our hope that the combined efforts of each of these law enforcement agencies, that this will
be the most successful Shop with a Cop Program ever. In order for this program to be
successful depends upon the kind generosity of the public leaders and businesses in the
community. Should you desire to participate in this program any monetary contribution would
be greatly appreciated.

Thank you in advance for your assistance in this worthwhile community endeavor. If you have
further questions, feel free to contact the Russell County Sheriff's Office at 276-889-8033,
Lebanon Police Department at 276-889-7227, or Honaker Police Department at 276-873-5297.

Thank you,

WAS

William J Watson Eric Deskins Brandon Cassell
Sheriff- RCSO Chief- LPD Chief- HPD




VIRGINIA
REsou s Shawn B, Crumlish
VRAU

October 30, 2023

Tracy Puckett

Interim Director

Russell County Public Service Authority
137 Highland Drive

Lebanon, VA 24266

Re: Virginia Water Supply Revolving Fund
Russell County Public Service Authority
WSL-012-22

Dear Mr. Puckett:

Virginia Resources Authority (the “Authority” is pleased to advise you that the Virginia
Department of Health (“VDH"”) has authorized funding from the Virginia Water Supply Revolving
Fund (the “Fund”) to the Russell County Public Service Authority (the “PSA”) to finance water
line extensions, together with related expenses (the “Project”), Funding for the Project will consist
of a principal repayment loan of up to $476,865 (the “Principal Repayment Loan”) together with a
principal forgiveness loan of up to $1,112,685 (the “Principal Forgiveness Loan”), for a total
funding package of up to $1,589,550 (the “Loan”).

‘The Cost of Funds on the Principal Repayment Loan will be 2.00% per annum, comprised
of 0.50% interest to the Fund, and a fee of 1.50% for administrative and management services
attributable to the Loan. Payments on the Principal Repayment Loan will begin approximately six
months after the estimated Project completion for a term of up to thirty years.

‘The Authority hereby offers to extend to the PSA the Loan as stated, subject, however, to
the satisfaction of the conditions to purchase the PSA’s Local Bond set forth in the enclosed form of
Financing Agreement (Sections 2.1, 3.1, and 3.2). A form of Funding Agreement for the Principal
Forgiveness Loan is also enclosed.

Itis understood that the Principal Repayment Loan will be secured by a pledge of the PSA’s
water and sewer system revenues and the moral obligation of Russell County by way of a Support
Agreement. The PSA’s Local Bond evidencing the Principal Repayment Loan shail be issued on a
parity basis with all pre-existing bonded indebtedness secured by a pledge of water and sewer
system revenues.

Loan closing and the disbursement of funds thereunder may be subject to the availability of
funds from the (a) United States Environmental Protection Agency Capitalization Grant under the
Safe Drinking Water Amendments of 1996 and (b) Commonwealth of Virginia match grant,




Loan closing and the disbursement of funds in connection therewith shall remain subject
to satisfaction of any condition prerequisite thereto established by VDH. The PSA shall comply
in all respects with all applicable federal, state, and local laws, regulations and other requirements
relating to or arising out of or in connection with the Project and the funding thereof by the Fund,
including, but not limited to, the federal “crosscutting” requirements identified in the attached
Schedule A.

The Authority reserves the right to withdraw or alter the terms of this commitment if,
between the date of the PSA's loan application and the date of closing, the PSA incurs any debt or
its financial condition changes in any way deemed material by the Authority in its sole discretion,
Loan closing will not be set until all applicable pre-closing conditions have been met.

If you have any questions conceming the foregoing, please call George Gordon at 804-616-
3449. If you concur with the terms and conditions herein stated, please acknowledge your
acceptance thereof by signing below and returning to me. Retain a copy for your records.

If Loan closing shall not have occurred by May 31, 2024, it is understood that the Authority
reserves the right to modify any of the conditions of this commitment or to withdraw the loan offer.

Very truly yours,
ius Crumlish

The Russell County Public Service Authority fully intends (i) to use the offered Loan for
the Project and (ii) to commence or continue the Project, as applicable, pending closing of the Loan,

on or about the day of , 2023. The foregoing terms and conditions are
hereby acknowledged and accepted the day of 2023.
By:

Executive

ACKNOWLEDGED BY:

By:

County Admi




Enclosure

cc: Kelly Ward, VDH ~ Office of Drinking Water
‘Megan M. Gilliland, Esq.
Lonzo Lester, Russell County
Robert Hilt, USDA Rural Development
Jason Harter, USDA Rural Development




‘ENVIRONMENTAL AUTHORITIES:

Archeological and Historic Preservation Act pf 1974, Pub, L. 65-523, as amended.
‘Clann Alr Act, Pub. L. 64-159, as amended,

‘Coostal Barrier Resources Act, Pub, L. 07-348,

Coastal Zone Management Act, Pub, L. 92-583, as amended.

Endangered Species Act, Pub. L. 93-205, 86 amended.
Environmental Justice, Executive Ordes 12808,

‘Floodplain Management, Executive Order 11989 as amended by Executive Order 12148.
‘Protaction of Watlands, Execullve Orciar 11990.

‘Farmland Protection Polley Act, Pub. L. 97-08.

Fish and Witte Coordination Act, Pub. L. 65-624, as amended.

‘National Historic Praservation Act of 1988, Pub. L. 69-885, as amended.

‘Sale Drinking Water Act, Pub. L. 93-523, as amended.

‘Wild and Bcente Rivers Act, Pub. L. 90-542, as amended.

ECONOMIC ANO MISCELLANEOUS AUTHORITIES:

Demonstration Ciies and Metropolitan evelopment Act of 1988, Pub. L. 89-754, as amended, Executive Order 12372.

Procurement Protiblions under Section 208 of the Ciean Alr Act and Section S08 of the Clean Water Act. Including
Exeeuve Order 1708" Adinsuntion of te Caan Ar el and tn Fedo Water Pohufon Gono! Ast wis Respect
Federal Contract, ‘or Loan,

Uniform Relocation and Raa! Property Acquistion Polkias Act, Pub L 01-548, os amended.

‘Debarmant and Suspension, Exocutive Onder 12649,

SOCIAL LEGISLATION:

‘Age Discrimination Act of 1975, Pub. L. 94-125.

Tilo V of ta Civ Righls Act of 1984, Pub. L 68-952."

‘Section 13 of tha Federal Waler Poulton Control Act Amendmants of 1972, Pub. L. 92-500 (te Clean Water Act).
‘Section 504 ofthe Rehabitiaon Act of 1879, Pub. L. 63-112 (including Exacutive Orders 11814 and 11250).
‘Tho Drug-Free Workplace Act of 1988, Pub. L. 100-690 (applies only to the capitalization grant recipient).

Equal Employment Opportunity, Exsculve Order 11248,

‘Woman's and Minotly Business Enterprise, Executive Orders 11625, 12198 and 12432,

‘Section 129 ofthe Smal Business Administration Reauthorizaon and Amendment Act of 1988, Pub. 100-500.
‘Ant-Lobbylng Provisions (40 CFA Part 30) lapplas ony to caphaltzaion grant recipients}

"The Cini Fights Act and

| ant-csertnination sates eppby to aX he operations ofthe SAF program.




 

K&C Draft 10/27/23 
 
 
 

FINANCING AGREEMENT 
 

dated as of ___________ 1, 2023 
 
 
 

BETWEEN 
 
 
 
 

VIRGINIA RESOURCES AUTHORITY,  

as Administrator of the 
Virginia Water Supply Revolving Fund 

 
 

AND 
 
 

THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY 
 
 
 
 
 

Virginia Resources Authority 
Virginia Water Supply Revolving Fund 

 
 
 
 
 
 

Loan No. WSL-012-22 
 
 

 

K&C Draft 10/27/23

FINANCING AGREEMENT
dated as of. 1, 2023
BETWEEN

VIRGINIA RESOURCES AUTHORITY,

as Administrator of the
Virginia Water Supply Revolving Fund

AND

THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY

Virginia Resources Authority
Virginia Water Supply Revolving Fund

Loan No. WSL-012-22




 
 

- i - 

TABLE OF CONTENTS 
[To Be Updated] 

 
Page 

 
ARTICLE I 

DEFINITIONS 
 
Section 1.1. Definitions  ................................................................................................................1 
Section 1.2. Rules of Construction  ...............................................................................................4 
 
 

ARTICLE II 
REPRESENTATIONS 

 
Section 2.1. Representations by Borrower  ..................................................................................5 
 
 

ARTICLE III 
ISSUANCE AND DELIVERY OF THE LOCAL BOND 

 
Section 3.1. Loan to Borrower and Purchase of the Local Bond  ................................................7 
Section 3.2. Conditions Precedent to Purchase of the Local Bond  .............................................7 
 
 

ARTICLE IV 
USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT 

 
Section 4.1. Application of Proceeds  ..........................................................................................9 
Section 4.2. Agreement to Accomplish Project  ........................................................................10 
Section 4.3. Permits  ..................................................................................................................11 
Section 4.4. Construction Contractors  ......................................................................................11 
Section 4.5. Engineering Services  ............................................................................................11 
Section 4.6. Borrower Required to Complete Project  ...............................................................12 
 
 

ARTICLE V 
PLEDGE, REVENUES AND RATES 

 
Section 5.1. Pledge of Revenues; Rate Covenant  .....................................................................12 
Section 5.2. Annual Budget  ......................................................................................................13 
Section 5.3. Qualified Independent Consultant’s Report ..........................................................13 
 
 

TABLE OF CONTENTS
[To Be Updated]

ARTICLE I

Section 1.1. Definitions . .
Section 1.2. Rules of Construction .

ARTICLE II
REPRESENTAT S

Section 2.1. Representations by Borrower ..

ARTICLE HT
ISSUANCE AND DELIVERY O}

1E LOCAL BOND

Section 3.1. Loan to Borrower and Purchase of the Local Bond ..
Section 3.2. Conditions Precedent to Purchase of the Local Bond 7

ARTICLE IV
USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT.

Section 4.1. Application of Proceeds
Section 4.2. Agreement to Accomplish Project
Section 4.3. Permits se
Section 4.4. Construction Contractors ..
Section 4.5. _ Engineering Services
Section 4.6. Borrower Required to Complete Project ..

DEr=Se

ARTICLE V
PLEDGE, REVENUES AND RATES

Section 5.1. Pledge of Revenues; Rate Covenant .
Section 5.2. Annual Budget
Section 5.3. Qualified Independent Consultant’s Report 13





 
 

- ii - 

ARTICLE VI 
PAYMENTS 

 
Section 6.1. Payment of Local Bond  ........................................................................................13 
Section 6.2. Payment of Additional Payments ..........................................................................14 
 
 

ARTICLE VII 
PREPAYMENTS 

 
Section 7.1. Prepayment of Local Bond  ...................................................................................14 
 
 

ARTICLE VIII 
OPERATION AND USE OF SYSTEM 

 
Section 8.1. Ownership and Operation of Project and System  .................................................15 
Section 8.2. Maintenance  ..........................................................................................................15 
Section 8.3. Additions and Modifications .................................................................................15 
Section 8.4. Use of System  .......................................................................................................15 
Section 8.5. Inspection of System and Borrower’s Books and Records  ...................................15 
Section 8.6. Ownership of Land  ...............................................................................................16 
Section 8.7. Sale or Encumbrance  ............................................................................................16 
Section 8.8. Collection of Revenues  .........................................................................................16 
Section 8.9. No Free Service .....................................................................................................17 
Section 8.10. No Competing Service  ..........................................................................................17 
Section 8.11. Mandatory Connection ..........................................................................................17 
Section 8.12. Lawful Charges  .....................................................................................................17 
 
 

ARTICLE IX 
INSURANCE, DAMAGE AND DESTRUCTION 

 
Section 9.1. Insurance  ...............................................................................................................17 
Section 9.2. Requirements of Policies  ......................................................................................18 
Section 9.3. Notice of Damage, Destruction and Condemnation  .............................................18 
Section 9.4. Damage and Destruction  .......................................................................................19 
Section 9.5. Condemnation and Loss of Title  ...........................................................................19 
 
 

ARTICLE X 
SPECIAL COVENANTS 

 
Section 10.1. Maintenance of Existence  .....................................................................................19 
Section 10.2. Financial Records and Statements  ........................................................................20 
Section 10.3. Certificate as to No Default  ..................................................................................20 

Section 6.1.
Section 6.2

Section 7.1

Section 8.1
Section 8.2.
Section 8.3.
Section 8.4.
Section 8.5.
Section 8.6.
Section 8.7
Section 8.8.
Section 8.9.
Section 8.10.
Section 8.11
Section 8.12.

Section 9.1.
Section 9.2
Section 9.3.
Section 9.4.
Section 9.5.

Section 10.1
Section 10.2
Section 10.3.

ARTICLE VI

PAYMENTS

Payment of Local Bond .
Payment of Additional Payments 14

ARTICLE VIL

PREPAYMENTS

Prepayment of Local Bond 14

ARTICLE VIII

OPERATION AND USE OF SYSTEM

Ownership and Operation of Project and System 15
Maintenance ....
Additions and Modifications
Use of System .... . 5
Inspection of System and Borrower's Books and Records
Ownership of Land ...

Sale or Encumbrance
Collection of Revenues
No Free Service ...
‘No Competing Service
Mandatory Connection
Lawful Charges

ARTICLE IX
INSURANCE, DAMAGE AND DESTRUCTION

Insurance ..
Requirements of Policies

Notice of Damage, Destruction and Condemnation
Damage and Destruction ..
‘Condemnation and Loss of Title ....

ARTICLE X
SPECIAL COVENANTS

Maintenance of Existence .
Financial Records and Statements
Certificate as to No Default





 
 

- iii - 

Section 10.4. Additional Indebtedness ........................................................................................20 
Section 10.5. Parity Bonds  ..........................................................................................................20 
Section 10.6. Further Assurances ................................................................................................22 
Section 10.7. Other Indebtedness ................................................................................................22 
Section 10.8. Assignment by Borrower  ......................................................................................22 
Section 10.9. Continuing Disclosure Obligations  .......................................................................22 
Section 10.10. Davis-Bacon Act  ...................................................................................................22 
Section 10.11. American Iron and Steel  .......................................................................................23 
Section 10.12. Recordkeeping and Reporting ...............................................................................23 
Section 10.13. Service Contracts  ..................................................................................................23  
Section 10.14. Prohibition on Telecommunications Services or Equipment.................................27  
 

 
ARTICLE XI 

DEFAULTS AND REMEDIES 
 
Section 11.1. Events of Default  ..................................................................................................23 
Section 11.2. Notice of Default ...................................................................................................24 
Section 11.3. Remedies on Default ..............................................................................................24 
Section 11.4. Delay and Waiver ..................................................................................................25 
Section 11.5. State Aid Intercept .................................................................................................25 
 
 

ARTICLE XII 
MISCELLANEOUS 

 
Section 12.1. Successors and Assigns .........................................................................................25 
Section 12.2. Amendments  .........................................................................................................25 
Section 12.3. Limitation of Borrower’s Liability ........................................................................25 
Section 12.4. Applicable Law  .....................................................................................................26 
Section 12.5. Severability  ...........................................................................................................26 
Section 12.6. Notices  ..................................................................................................................26 
Section 12.7. Right to Cure Default  ............................................................................................27 
Section 12.8. Headings  ...............................................................................................................27 
Section 12.9. Term of Agreement  ...............................................................................................27 
Section 12.10. Commitment Letter  ...............................................................................................27 
Section 12.11. Counterparts  ..........................................................................................................27 
 
 

 

Section 10.4.
Section 10.5.
Section 10.6.
Section 10.7.
Section 10.8.
Section 10.9.
Section 10.10.
Section 10.11.
Section 10.12.
Section 10.13.
Section 10.14,

Section 11.1
Section 11.2.
Section 11.3.
Section 11.4.
Section 11.5.

Section 12.1
Section 12.2.
Section 12.3.
Section 12.4.
Section 12.5.
Section 12.6.
Section 12.7.
Section 12.8.
Section 12.9.
Section 12.10.
Section 12.11.

Additional Indebtedness
Parity Bonds ....
Further Assurances ....
Other Indebtedness
Assignment by Borrower
Continuing Disclosure Obligations
Davis-Bacon Act
American Iron and Steel...
Recordkeeping and Reporting
Service Contracts ..

Prohibition on Telecommunications Services or Equipment. 27
ARTICLE XI
DEFAULTS AND REMEDIES
Events of Default 23
Notice of Default 24

Remedies on Default.
Delay and Waiver ..
State Aid Intercept

ARTICLE XII
MISCELLANEOUS

Successors and Assigns
‘Amendments
Limitation of Borrower's Liability 25
Applicable Law .
Severability
Notices ....
Right to Cure Default
Headings
Term of Agreement
Commitment Letter
Counterparts ....

ii -




 
 

- iv - 

EXHIBITS 
 
 
Exhibit A - Form of Local Bond 
Exhibit B - Project Description 
Exhibit C - Project Budget 
Exhibit D - Opinion of Borrower’s Bond Counsel 
Exhibit E - Requisition for Disbursement 
Exhibit F - Prior Bonds and Existing Parity Bonds  
Exhibit G - Annual Budget 
Exhibit H - Operating Data 
Exhibit I - Support Agreement 
 

EXHIBITS

Exhibit A - Form of Local Bond
Exhibit B - Project Description

Exhibit C - Project Budget

Exhibit D - Opinion of Borrower's Bond Counsel
Exhibit E - Requisition for Disbursement

Exhibit F - Prior Bonds and Existing Parity Bonds
Exhibit G - Annual Budget

Exhibit H - Operating Data

Exhibit I - Support Agreement




 

 

FINANCING AGREEMENT 
 
 THIS FINANCING AGREEMENT is made as of this first day of __________, 2023, 
between the VIRGINIA RESOURCES AUTHORITY, a public body corporate and a political 
subdivision of the Commonwealth of Virginia (the “Authority”), as Administrator of the 
VIRGINIA WATER SUPPLY REVOLVING FUND, and THE RUSSELL COUNTY 
PUBLIC SERVICE AUTHORITY, a body politic and corporate and a political subdivision of 
the Commonwealth of Virginia (the “Borrower”). 
 
 Pursuant to Chapter 23, Title 62.1 of the Code of Virginia (1950), as amended (the “Act”), 
the General Assembly created a permanent and perpetual fund known as the “Virginia Water 
Supply Revolving Fund” (the “Fund”).  In conjunction with the Virginia Board of Health, the 
Authority administers and manages the Fund.  From the Fund, the Authority from time to time 
makes loans to and acquires obligations of local governments in Virginia to finance or refinance the 
costs of water supply facilities within the meaning of Section 62.1-233 of the Act. 
 
 The Borrower has requested a loan from the Fund and will evidence its obligation to repay 
such loan by the Local Bond the Borrower will issue and sell to the Authority, as Administrator of 
the Fund.  The Borrower will use the proceeds of the sale of the Local Bond to the Authority to 
finance that portion of the Project Costs not being paid from other sources, all as further set forth in 
the Project Budget. 
 
 

ARTICLE I 
DEFINITIONS 

 
 Section 1.1. Definitions.  The capitalized terms contained in this Agreement and not 
defined above shall have the meanings set forth below unless the context requires otherwise and 
any capitalized terms not otherwise defined herein shall have the meaning assigned to such terms 
in the Act: 
 
 “Additional Payments” means the payments required by Section 6.2. 
 
 “Agreement” means this Financing Agreement between the Authority and the Borrower, 
together with any amendments or supplements hereto. 
 
 “Annual Administrative Fee” means the portion of the Cost of Funds specified in 
Section 6.1(a)(ii) payable as an annual fee for administrative and management services 
attributable to the Local Bond. 
  
 “Authorized Representative” means any member, official or employee of the Borrower 
authorized by resolution, ordinance or other official act of the governing body of the Borrower to 
perform the act or sign the document in question. 
 
 “Board” means the Virginia Board of Health. 
 

FINANCING AGREEMENT

THIS FINANCING AGREEMENT is made as of this first day of. 2023,
between the VIRGINIA RESOURCES AUTHORITY, a public body corporate and a political
subdivision of the Commonwealth of Virginia (the “Authority”), as Administrator of the
VIRGINIA WATER SUPPLY REVOLVING FUND, and THE RUSSELL COUNTY
PUBLIC SERVICE AUTHORITY, a body politic and corporate and a political subdivision of
the Commonwealth of Virginia (the “Borrower”.

Pursuant to Chapter 23, Title 62.1 of the Code of Virginia (1950), as amended (the “Act”),
the General Assembly created a permanent and perpetual fund known as the “Virginia Water
Supply Revolving Fund” (the “Fund”). In conjunction with the Virginia Board of Health, the
Authority administers and manages the Fund, From the Fund, the Authority from time to time
makes loans to and acquires obligations of local governments in Virginia to finance or refinance the
costs of water supply facilities within the meaning of Section 62.1-233 of the Act.

The Borrower has requested a loan from the Fund and will evidence its obligation to repay
such loan by the Local Bond the Borrower will issue and sell to the Authority, as Administrator of
the Fund. The Borrower will use the proceeds of the sale of the Local Bond to the Authority to
finance that portion of the Project Costs not being paid from other sources, all as further set forth in
the Project Budget,

ARTICLE I
DEFINITIONS

Section 1.1. Definitions. The capitalized terms contained in this Agreement and not
defined above shall have the meanings set forth below unless the context requires otherwise and
any capitalized terms not otherwise defined herein shall have the meaning assigned to such terms
in the Act:

“Additional Payments” means the payments required by Section 6.2.

“Agreement” means this Financing Agreement between the Authority and the Borrower,
together with any amendments or supplements hereto.

“Annual Administrative Fee” means the portion of the Cost of Funds specified in
Section 6.1(a)(ii) payable as an annual fee for administrative and management services
attributable to the Local Bond.

“Authorized Representative” means any member, official or employee of the Borrower
authorized by resolution, ordinance or other official act of the governing body of the Borrower to
perform the act or sign the document in question.

“Board” means the Virginia Board of Health,




 

 

 
 - 2 - 

 “Closing Date” means the date of the delivery of the Local Bond to the Authority, as 
Administrator of the Fund. 
 
 “Commitment Letter” means the commitment letter from the Authority to the 
Borrower, dated ___________, 2023, and all extensions and amendments thereto. 

 
 “Consulting Engineer” means the engineer or firm of independent consulting engineers 
of recognized standing and experienced in the field of sanitary engineering and registered to do 
business in Virginia which is designated by the Borrower from time to time as the Borrower’s 
consulting engineer in accordance with Section 4.5 in a written notice to the Authority.  Such 
individual or firm shall be subject to the reasonable approval of the Authority.  Unless and until 
the Authority notifies the Borrower otherwise, any of the Borrower’s employees that are licensed 
and registered as professional engineers in the Commonwealth of Virginia may serve as 
Consulting Engineer under this Agreement. 

 
“Cost of Funds” means interest, including the part thereof allocable to the Annual 

Administrative Fee, payable as set forth in Section 6.1.  
 
“County” means the County of Russell, Virginia. 

 
 “Default” means an event or condition the occurrence of which would, with the lapse of 
time or the giving of notice or both, become an Event of Default. 
 
 “Department” means the Virginia Department of Health. 
 
 “Event of Default” shall have the meaning set forth in Section 11.1. 
 
 “Existing Parity Bonds” means any of the Borrower’s bonds, notes or other evidences 
of indebtedness, as further described on Exhibit F, that on the date of the Local Bond’s issuance 
and delivery were secured by or payable from a pledge of Revenues on a parity with the pledge 
of Revenues securing the Local Bond. 
 
 “Fiscal Year” means the period of twelve months established by the Borrower as its 
annual accounting period. 
 
 “Funding Agreement” means the Funding Agreement, dated as of the date hereof, 
between the Authority, as Administrator of the Fund, and the Borrower. 
 
 “Local Bond” means the bond in substantially the form attached to this Financing 
Agreement as Exhibit A issued by the Borrower to the Authority, as Administrator of the Fund, 
pursuant to this Agreement. 
 
 “Local Bond Proceeds” means the proceeds of the sale of the Local Bond to the 
Authority, as Administrator of the Fund, pursuant to this Agreement. 
 

“Closing Date” means the date of the delivery of the Local Bond to the Authority, as
Administrator of the Fund.

“Commitment Letter” means the commitment letter from the Authority to the
Borrower, dated , 2023, and all extensions and amendments thereto.

“Consulting Engineer” means the engineer or firm of independent consulting engineers
of recognized standing and experienced in the field of sanitary engineering and registered to do
business in Virginia which is designated by the Borrower from time to time as the Borrower's
consulting engineer in accordance with Section 4.5 in a written notice to the Authority. Such
individual or firm shall be subject to the reasonable approval of the Authority. Unless and until
the Authority notifies the Borrower otherwise, any of the Borrower's employees that are licensed
and registered as professional engineers in the Commonwealth of Virginia may serve as
Consulting Engineer under this Agreement.

“Cost of Funds” means interest, including the part thereof allocable to the Annual
Administrative Fee, payable as set forth in Section 6.1

“County” means the County of Russell, Virginia.

“Default” means an event or condition the occurrence of which would, with the lapse of
time or the giving of notice or both, become an Event of Default.

“Department” means the Virginia Department of Health.
“Event of Default” shall have the meaning set forth in Section 11.1.

“Existing Parity Bonds” means any of the Borrower's bonds, notes or other evidences
of indebtedness, as further described on Exhibit F, that on the date of the Local Bond’s issuance
and delivery were secured by or payable from a pledge of Revenues on a parity with the pledge
of Revenues securing the Local Bond.

“Fiscal Year” means the period of twelve months established by the Borrower as its
annual accounting period.

“Funding Agreement” means the Funding Agreement, dated as of the date hereof,
between the Authority, as Administrator of the Fund, and the Borrower.

“Local Bond” means the bond in substantially the form attached to this Financing
‘Agreement as Exhibit A issued by the Borrower to the Authority, as Administrator of the Fund,
pursuant to this Agreement.

“Local Bond Proceeds” means the proceeds of the sale of the Local Bond to the
Authority, as Administrator of the Fund, pursuant to this Agreement.




 

 

 
 - 3 - 

 “Local Resolution” means all resolutions or ordinances adopted by the governing body 
of the Borrower approving the transactions contemplated by and authorizing the execution and 
delivery of this Agreement and the execution, issuance and delivery of the Local Bond. 
 
 “Net Proceeds” means the gross proceeds from any insurance recovery or condemnation 
award remaining after payment of attorneys’ fees and expenses of the Authority and all other 
expenses incurred in the collection of such gross proceeds. 
 
 “Net Revenues Available for Debt Service” means the Revenues less amounts 
necessary to pay Operation and Maintenance Expense. 
 
 “Operation and Maintenance Expense” means the costs of operating and maintaining 
the System determined pursuant to generally accepted accounting principles, exclusive of 
(i) interest on any debt secured by or payable from Revenues, (ii) depreciation and any other 
items not requiring the expenditure of cash, (iii) any amounts expended for capital replacements, 
repairs and maintenance not recurring annually or reserves therefor, and (iv) reserves for 
administration, operation and maintenance occurring in the normal course of business. 
 
 “Opinion of Counsel” means a written opinion of recognized bond counsel, acceptable 
to the Authority. 
 
 “Parity Bonds” means bonds, notes or other evidences of indebtedness of the Borrower 
issued under Section 10.5. 
 
 “Prior Bonds” means any of the Borrower’s bonds, notes or other evidences of 
indebtedness, as further described in Exhibit F, that on the date of the Local Bond’s issuance and 
delivery were secured by or payable from a pledge of Revenues all or any portion of which was 
superior to the pledge of Revenues securing the Local Bond. 
 
 “Project” means the particular project described in Exhibit B, the costs of the 
construction, acquisition or equipping of which are to be financed or refinanced in whole or in 
part with the Local Bond Proceeds. 
 
 “Project Budget” means the budget for the financing or the refinancing of the Project, a 
copy of which is attached to this Agreement as Exhibit C, with such changes therein as may be 
approved in writing by the Authority. 
 
 “Project Costs” means the costs of the construction, acquisition or equipping of the 
Project, as further described in the Project Budget, and such other costs as may be approved in 
writing by the Authority, provided such costs are permitted by the Act. 
  
 “Qualified Independent Consultant” shall mean an independent professional consultant 
having the skill and experience necessary to provide the particular certificate, report or approval 
required by the provision of this Agreement in which such requirement appears, including 
without limitation a Consulting Engineer, so long as such individual is not an employee of the 

“Local Resolution” means all resolutions or ordinances adopted by the governing body
of the Borrower approving the transactions contemplated by and authorizing the execution and
delivery of this Agreement and the execution, issuance and delivery of the Local Bond.

“Net Proceeds” means the gross proceeds from any insurance recovery or condemnation
award remaining after payment of attomeys” fees and expenses of the Authority and all other
expenses incurred in the collection of such gross proceeds.

“Net Revenues Available for Debt Se e” means the Revenues less amounts
necessary to pay Operation and Maintenance Expense.

“Operation and Maintenance Expense” means the costs of operating and maintaining
the System determined pursuant to generally accepted accounting principles, exclusive of

(i) interest on any debt secured by or payable from Revenues, (ii) depreciation and any other
items not requiring the expenditure of cash, (iii) any amounts expended for capital replacements,
repairs and maintenance not recurring annually or reserves therefor, and (iv) reserves for
administration, operation and maintenance occurring in the normal course of business.

“Opinion of Counsel” means a written opinion of recognized bond counsel, acceptable
to the Authority.

“Parity Bonds” means bonds, notes or other evidences of indebtedness of the Borrower
issued under Section 10.5.

“Prior Bonds” means any of the Borrower's bonds, notes or other evidences of
indebtedness, as further described in Exhibit F, that on the date of the Local Bond’s issuance and
delivery were secured by or payable from a pledge of Revenues all or any portion of which was
superior to the pledge of Revenues securing the Local Bond.

“Project” means the particular project described in Exhibit B, the costs of the
construction, acquisition or equipping of which are to be financed or refinanced in whole or in
part with the Local Bond Proceeds.

“Project Budget” means the budget for the financing or the refinancing of the Project, a
copy of which is attached to this Agreement as Exhibit C, with such changes therein as may be
approved in writing by the Authority.

“Project Costs” means the costs of the construction, acquisition or equipping of the
Project, as further described in the Project Budget, and such other costs as may be approved in
writing by the Authority, provided such costs are permitted by the Act.

“Qualified Independent Consultant” shall mean an independent professional consultant
having the skill and experience necessary to provide the particular certificate, report or approval
required by the provision of this Agreement in which such requirement appears, including
without limitation a Consulting Engineer, so long as such individual is not an employee of the




 

 

 
 - 4 - 

Borrower, and an independent certified public accountant or firm of independent certified public 
accountants.  Such individual or firm shall be subject to the reasonable approval of the Authority. 
 
 “Revenues” means (i) all rates, fees, rentals, charges and income properly allocable to 
the System in accordance with generally accepted accounting principles or resulting from the 
Borrower’s ownership or operation of the System, excluding customer and other deposits subject 
to refund until such deposits have become the Borrower’s property, (ii) the proceeds of any 
insurance covering business interruption loss relating to the System, (iii) interest on any money 
or securities related to the System held by or on behalf of the Borrower, (iv) amounts that may be 
appropriated for and paid to the Borrower by the County under the Support Agreement or 
otherwise, and (v) any other income from other sources pledged by the Borrower to the payment 
of its Local Bond. 
 
 “Service Contracts” means [(i) the Agreement for the Bulk Sale of Water dated June 11, 
2001, between the Borrower and the Tazewell County Public Service Authority, (ii) the 
Agreement for the Bulk Sales of Water dated March 14, 2002, between the Borrower and the 
Town of Lebanon, Virginia, (iii) the Contract for Sale of Water dated October 3, 2013, between 
the Borrower and the Washington County Service Authority, (iv) the Agreement for Sale and 
Purchase of Water dated May 6, 2014, between the Borrower and the Buchanan County Public 
Service Authority, (v) the Water Sale Agreement dated July 8, 2015, between the Borrower and 
the Town of Honaker, Virginia, and (vi) the Agreement dated September 9, 2015 among the 
Borrower (formerly The Castlewood Water and Sewage Authority), the Town of St. Paul, 
Virginia and the Wise County Public Service Authority related to the expansion of the Town of 
St. Paul’s wastewater treatment plant].  
 
 “Subordinate Bonds” means bonds, notes or other evidences of indebtedness of the 
Borrower described on Exhibit F, secured by or payable from a pledge of Revenues expressly 
made subordinate to the pledge of Revenues securing the payment of the Local Bond. 
 
 “Support Agreement” means the Support Agreement, dated the date hereof, among the 
Borrower, the Authority and the County, substantially in the form of Exhibit I hereto. 
 
 “System” means all plants, systems, facilities, equipment or property, including but not 
limited to the Project, owned, operated or maintained by the Borrower and used in connection 
with the collection, supply, treatment, storage or distribution of water or the collection or 
treatment of wastewater as the same may from time to time exist. 
 
 Section 1.2. Rules of Construction.  The following rules shall apply to the 
construction of this Agreement unless the context requires otherwise: 
 
  (a) Singular words shall connote the plural number as well as the singular and 
vice versa. 
 
  (b) All references in this Agreement to particular Sections or Exhibits are 
references to Sections or Exhibits of this Agreement unless otherwise indicated. 
 

Borrower, and an independent certified public accountant or firm of independent certified public
accountants. Such individual or firm shall be subject to the reasonable approval of the Authority.

“Revenues” means (i) all rates, fees, rentals, charges and income properly allocable to
the System in accordance with generally accepted accounting principles or resulting from the
Borrower's ownership or operation of the System, excluding customer and other deposits subject
to refund until such deposits have become the Borrower's property, (ii) the proceeds of any
insurance covering business interruption loss relating to the System, (iii) interest on any money
or securities related to the System held by or on behalf of the Borrower, (iv) amounts that may be
appropriated for and paid to the Borrower by the County under the Support Agreement or
otherwise, and (v) any other income from other sources pledged by the Borrower to the payment
of its Local Bond.

“Service Contracts” means [(i) the Agreement for the Bulk Sale of Water dated June 11,
2001, between the Borrower and the Tazewell County Public Service Authority, (ii) the
Agreement for the Bulk Sales of Water dated March 14, 2002, between the Borrower and the
Town of Lebanon, Virginia, (iii) the Contract for Sale of Water dated October 3, 2013, between
the Borrower and the Washington County Service Authority, (iv) the Agreement for Sale and
Purchase of Water dated May 6, 2014, between the Borrower and the Buchanan County Public
Service Authority, (v) the Water Sale Agreement dated July 8, 2015, between the Borrower and
the Town of Honaker, Virginia, and (vi) the Agreement dated September 9, 2015 among the
Borrower (formerly The Castlewood Water and Sewage Authority), the Town of St. Paul,
Virginia and the Wise County Public Service Authority related to the expansion of the Town of
St. Paul’s wastewater treatment plant].

“Subordinate Bonds” means bonds, notes or other evidences of indebtedness of the
Borrower described on Exhibit F, secured by or payable from a pledge of Revenues expressly
made subordinate to the pledge of Revenues securing the payment of the Local Bond.

“Support Agreement” means the Support Agreement, dated the date hereof, among the
Borrower, the Authority and the County, substantially in the form of Exhibit I hereto.

“System” means all plants, systems, facilities, equipment or property, including but not
limited to the Project, owned, operated or maintained by the Borrower and used in connection
with the collection, supply, treatment, storage or distribution of water or the collection or
treatment of wastewater as the same may from time to time exist.

Section 1.2, Rules of Construction. The following rules shall apply to the
construction of this Agreement unless the context requires otherwise:

(a) Singular words shall connote the plural number as well as the singular and
vice versa.

(b) All references in this Agreement to particular Sections or Exhibits are
references to Sections or Exhibits of this Agreement unless otherwise indicated.




 

 

 
 - 5 - 

  (c) The headings and table of contents as used in this Agreement are solely 
for convenience of reference and shall not constitute a part of this Agreement nor shall they 
affect its meaning, construction or effect. 
 
 

ARTICLE II 
REPRESENTATIONS 

 
 Section 2.1. Representations by Borrower.  The Borrower makes the following 
representations as the basis for its undertakings under this Agreement: 
 
  (a) The Borrower is a duly created and validly existing “local government” 
(as defined in Section 62.1-233 of the Act) of the Commonwealth of Virginia and is vested with 
the rights and powers conferred upon it by Virginia law. 
 
  (b) The Borrower has full right, power and authority to (i) adopt the Local 
Resolution and execute and deliver this Agreement, the Support Agreement and the other 
documents related thereto, (ii) issue, sell and deliver the Local Bond to the Authority, as 
Administrator of the Fund, (iii) own and operate the System, (iv) fix, charge and collect charges 
for the use of and for the services furnished by the System, (v) construct, acquire or equip the 
Project (as described in Exhibit B) and finance or refinance the Project Costs by borrowing 
money for such purpose pursuant to this Agreement and the issuance of the Local Bond, (vi) 
pledge the Revenues of the System to the payment of the Local Bond, and (vii) carry out and 
consummate all of the transactions contemplated by the Local Resolution, this Agreement, the 
Support Agreement and the Local Bond. 
 
  (c) This Agreement, the Support Agreement and the Local Bond were duly 
authorized by the Local Resolution and are in substantially the same form as presented to the 
governing body of the Borrower at its meeting at which the Local Resolution was adopted. 
 
  (d) All governmental permits, licenses, registrations, certificates, 
authorizations and approvals required to have been obtained as of the date of the delivery of this 
Agreement have been obtained for (i) the Borrower’s adoption of the Local Resolution, (ii) the 
execution and delivery by the Borrower of this Agreement, the Support Agreement and the Local 
Bond, (iii) the performance and enforcement of the obligations of the Borrower thereunder, 
(iv) the acquisition, construction, equipping, occupation, operation and use of the Project, and (v) 
the operation and use of the System.  The Borrower knows of no reason why any such required 
governmental permits, licenses, registrations, certificates, authorizations and approvals not 
obtained as of the date hereof cannot be obtained as needed. 
 
  (e) This Agreement and the Support Agreement have been executed and 
delivered by duly authorized officials of the Borrower and constitute a legal, valid and binding 
obligations of the Borrower enforceable against the Borrower in accordance with their terms. 
 
  (f) When executed and delivered in accordance with the Local Resolution and 
this Agreement, the Local Bond will have been executed and delivered by duly authorized 

(©) The headings and table of contents as used in this Agreement are solely
for convenience of reference and shall not constitute a part of this Agreement nor shalll they
affect its meaning, construction or effect.

ARTICLE II
REPRESENTATIONS

Section 2.1. Representations by Borrower. The Borrower makes the following
representations as the basis for its undertakings under this Agreement:

(a) The Borrower is a duly created and validly existing “local government”
(as defined in Section 62.1-233 of the Act) of the Commonwealth of Virginia and is vested with
the rights and powers conferred upon it by Virginia law.

(b) The Borrower has full right, power and authority to (i) adopt the Local
Resolution and execute and deliver this Agreement, the Support Agreement and the other
documents related thereto, (ii) issue, sell and deliver the Local Bond to the Authority, as
‘Administrator of the Fund, (iii) own and operate the System, (iv) fix, charge and collect charges
for the use of and for the services furnished by the System, (v) construct, acquire or equip the
Project (as described in Exhibit B) and finance or refinance the Project Costs by borrowing
money for such purpose pursuant to this Agreement and the issuance of the Local Bond, (vi)
pledge the Revenues of the System to the payment of the Local Bond, and (vii) carry out and
consummate all of the transactions contemplated by the Local Resolution, this Agreement, the
Support Agreement and the Local Bond.

(c) This Agreement, the Support Agreement and the Local Bond were duly
authorized by the Local Resolution and are in substantially the same form as presented to the
governing body of the Borrower at its meeting at which the Local Resolution was adopted.

(4) All governmental permits, licenses, registrations, certificates,
authorizations and approvals required to have been obtained as of the date of the delivery of this,
Agreement have been obtained for (i) the Borrower’s adoption of the Local Resolution, (ii) the
execution and delivery by the Borrower of this Agreement, the Support Agreement and the Local
Bond, (iii) the performance and enforcement of the obligations of the Borrower thereunder,

(iv) the acquisition, construction, equipping, occupation, operation and use of the Project, and (v)
the operation and use of the System. The Borrower knows of no reason why any such required
governmental permits, licenses, registrations, certificates, authorizations and approvals not
obtained as of the date hereof cannot be obtained as needed.

(c) This Agreement and the Support Agreement have been executed and
delivered by duly authorized officials of the Borrower and constitute a legal, valid and binding
obligations of the Borrower enforceable against the Borrower in accordance with their terms.

(f) When executed and delivered in accordance with the Local Resolution and
this Agreement, the Local Bond will have been executed and delivered by duly authorized




 

 

 
 - 6 - 

officials of the Borrower and will constitute a legal, valid and binding limited obligation of the 
Borrower enforceable against the Borrower in accordance with its terms. 
 
  (g) The issuance of the Local Bond and the execution and delivery of this 
Agreement and the Support Agreement and the performance by the Borrower of its obligations 
thereunder are within the powers of the Borrower and will not conflict with, or constitute a 
breach or result in a violation of, (i) to the best of the Borrower’s knowledge, any Federal, or 
Virginia constitutional or statutory provision, including the Borrower’s charter or articles of 
incorporation, if any, (ii) any agreement or other instrument to which the Borrower is a party or 
by which it is bound or (iii) any order, rule, regulation, decree or ordinance of any court, 
government or governmental authority having jurisdiction over the Borrower or its property. 

  (h) The Borrower is not in default in the payment of the principal of or 
interest on any of its indebtedness for borrowed money and is not in default under any instrument 
under and subject to which any indebtedness for borrowed money has been incurred.  No event 
or condition has happened or existed, or is happening or existing, under the provisions of any 
such instrument, including but not limited to this Agreement, which constitutes, or which, with 
notice or lapse of time, or both, would constitute an event of default thereunder. 

  (i) The Borrower (i) to the best of the Borrower’s knowledge, is not in 
violation of any existing law, rule or regulation applicable to it in any way which would have a 
material adverse effect on its financial condition or its ability to perform its obligations under 
this Agreement, the Support Agreement or the Local Bond and (ii) is not in default under any 
indenture, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other 
agreement, instrument or restriction of any kind to which the Borrower is a party or by which it 
is bound or to which any of its assets is subject, which would have a material adverse effect on 
its financial condition or its ability to perform its obligations under this Agreement, the Support 
Agreement or the Local Bond.  The execution and delivery by the Borrower of this Agreement, 
the Support Agreement or the Local Bond and the compliance with the terms and conditions 
thereof will not conflict with or result in a breach of or constitute a default under any of the 
foregoing. 

  (j) There are not pending nor, to the best of the Borrower’s knowledge, 
threatened against the Borrower, any actions, suits, proceedings or investigations of a legal, 
equitable, regulatory, administrative or legislative nature, (i) affecting the creation, organization 
or existence of the Borrower or the title of its officers to their respective offices, (ii) seeking to 
prohibit, restrain or enjoin the approval, execution, delivery or performance of the Local 
Resolution, this Agreement, the Support Agreement or the Local Bond or the issuance or 
delivery of the Local Bond, (iii) in any way contesting or affecting the validity or enforceability 
of the Local Resolution, this Agreement, the Support Agreement, the Local Bond or any 
agreement or instrument relating to any of the foregoing, (iv) in which a judgment, order or 
resolution may have a material adverse effect on the Borrower or its business, assets, condition 
(financial or otherwise), operations or prospects or on its ability to perform its obligations under 
the Local Resolution, this Agreement, the Support Agreement or the Local Bond, (v) in any way 
affecting or contesting the undertaking of the Project, or (vi) contesting or challenging the power 
of the Borrower to pledge the Revenues to the payment of the Local Bond. 

officials of the Borrower and will constitute a legal, valid and binding limited obligation of the
Borrower enforceable against the Borrower in accordance with its terms.

(g) The issuance of the Local Bond and the execution and delivery of this,
Agreement and the Support Agreement and the performance by the Borrower of its obligations
thereunder are within the powers of the Borrower and will not conflict with, or constitute a
breach or result in a violation of, (i) to the best of the Borrower's knowledge, any Federal, or
Virginia constitutional or statutory provision, including the Borrower's charter or articles of
incorporation, if any, (ii) any agreement or other instrument to which the Borrower is a party or
by which it is bound or (iii) any order, rule, regulation, decree or ordinance of any court,
government or governmental authority having jurisdiction over the Borrower or its property.

(h) The Borrower is not in default in the payment of the principal of or
interest on any of its indebtedness for borrowed money and is not in default under any instrument
under and subject to which any indebtedness for borrowed money has been incurred. No event
or condition has happened or existed, or is happening or existing, under the provisions of any
such instrument, including but not limited to this Agreement, which constitutes, or which, with
notice or lapse of time, or both, would constitute an event of default thereunder.

(i) The Borrower (i) to the best of the Borrower's knowledge, is not in
violation of any existing law, rule or regulation applicable to it in any way which would have a
material adverse effect on its financial condition or its ability to perform its obligations under
this Agreement, the Support Agreement or the Local Bond and (ii) is not in default under any
indenture, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other
agreement, instrument or restriction of any kind to which the Borrower is a party or by which it
is bound or to which any of its assets is subject, which would have a material adverse effect on
its financial condition or its ability to perform its obligations under this Agreement, the Support
‘Agreement or the Local Bond. The execution and delivery by the Borrower of this Agreement,
the Support Agreement or the Local Bond and the compliance with the terms and conditions
thereof will not conflict with or result in a breach of or constitute a default under any of the
foregoing.

(i) __ There are not pending nor, to the best of the Borrower's knowledge,
threatened against the Borrower, any actions, suits, proceedings or investigations of a legal,
equitable, regulatory, administrative or legislative nature, (i) affecting the creation, organization
or existence of the Borrower or the title of its officers to their respective offices, (ii) seeking to
prohibit, restrain or enjoin the approval, execution, delivery or performance of the Local
Resolution, this Agreement, the Support Agreement or the Local Bond or the issuance or
delivery of the Local Bond, (iii) in any way contesting or affecting the validity or enforceability
of the Local Resolution, this Agreement, the Support Agreement, the Local Bond or any
agreement or instrument relating to any of the foregoing, (iv) in which a judgment, order or
resolution may have a material adverse effect on the Borrower or its business, assets, condition
(financial or otherwise), operations or prospects or on its ability to perform its obligations under
the Local Resolution, this Agreement, the Support Agreement or the Local Bond, (v) in any way
affecting or contesting the undertaking of the Project, or (vi) contesting or challenging the power
of the Borrower to pledge the Revenues to the payment of the Local Bond.





 

 

 
 - 7 - 

  (k) There have been no defaults by any contractor or subcontractor under any 
contract made by the Borrower in connection with the construction or equipping of the Project. 
 
  (l) No material adverse change has occurred in the financial condition of the 
Borrower as indicated in the financial statements, applications and other information furnished to 
the Authority. 
 
  (m) Except as may otherwise be approved by the Authority or permitted by the 
terms of this Agreement, the System at all times is and will be owned by the Borrower and will 
not be operated or controlled by any other entity or person.  

   (n) There is no indebtedness of the Borrower secured by or payable from a 
pledge of Revenues on a parity with or prior to the lien of the pledge of Revenues securing the 
Local Bond except any Existing Parity Bonds or Prior Bonds set forth on Exhibit F. 
 
  (o) The Service Contracts are in full force and effect; no default or event of 
default has occurred and is continuing under the Service Contracts; and the Borrower is not 
currently aware of any fact or circumstance that would have an adverse impact on the 
Borrower’s ability to set rates, to receive payments, or to exercise any other rights and remedies 
available to the Borrower, under or pursuant to the Service Contracts. 
 
  (p) No Event of Default or Default has occurred and is continuing. 

 
 

ARTICLE III 
ISSUANCE AND DELIVERY OF THE LOCAL BOND 

 
 Section 3.1. Loan to Borrower and Purchase of the Local Bond. The Borrower 
agrees to borrow from the Authority and the Authority agrees to lend to the Borrower, from the 
Fund, the principal amount equal to the sum of the principal disbursements made pursuant to 
Section 4.1, but not to exceed $_________ for the purposes herein set forth, a portion of which 
may be made from federal financial assistance.  The Borrower’s obligation shall be evidenced by 
the Local Bond, which shall be in substantially the form of Exhibit A attached hereto and made a 
part hereof and delivered to the Authority on the Closing Date.  The Local Bond shall be in the 
original principal amount of the loan and shall mature, bear a Cost of Funds and be payable as 
hereinafter provided. 
 
 Section 3.2. Conditions Precedent to Purchase of the Local Bond.  The Authority 
shall not be required to make the loan to Borrower and purchase the Local Bond unless the 
Authority shall have received the following, all in form and substance satisfactory to the 
Authority: 
 
  (a) The Local Bond, the Funding Agreement and the Support Agreement. 
 
  (b) A certified copy of the Local Resolution. 
 

(k) There have been no defaults by any contractor or subcontractor under any
contract made by the Borrower in connection with the construction or equipping of the Project.

(1) No material adverse change has occurred in the financial condition of the
Borrower as indicated in the financial statements, applications and other information furnished to
the Authority.

(m) _ Except as may otherwise be approved by the Authority or permitted by the
terms of this Agreement, the System at all times is and will be owned by the Borrower and will
not be operated or controlled by any other entity or person.

(n) There is no indebtedness of the Borrower secured by or payable from a
pledge of Revenues on a parity with or prior to the lien of the pledge of Revenues securing the
Local Bond except any Existing Parity Bonds or Prior Bonds set forth on Exhibit F

(0) The Service Contracts are in full force and effect; no default or event of
default has occurred and is continuing under the Service Contracts; and the Borrower is not
currently aware of any fact or circumstance that would have an adverse impact on the
Borrower’s ability to set rates, to receive payments, or to exercise any other rights and remedies
available to the Borrower, under or pursuant to the Service Contracts.

(p) No Event of Default or Default has occurred and is continuing.

ARTICLE IL
ISSUANCE AND DELIVERY OF THE LOCAL BOND

Section 3.1, Loan to Borrower and Purchase of the Local Bond, The Borrower
agrees to borrow from the Authority and the Authority agrees to lend to the Borrower, from the
Fund, the principal amount equal to the sum of the principal disbursements made pursuant to
Section 4.1, but not to exceed $ for the purposes herein set forth, a portion of which
may be made from federal financial a: lance. The Borrower's obligation shall be evidenced by
the Local Bond, which shall be in substantially the form of Exhibit A attached hereto and made a
part hereof and delivered to the Authority on the Closing Date. The Local Bond shall be in the
original principal amount of the loan and shall mature, bear a Cost of Funds and be payable as
hereinafter provided.

Section 3.2. Conditions Precedent to Purchase of the Local Bond. The Authority
shall not be required to make the loan to Borrower and purchase the Local Bond unless the
Authority shall have received the following, all in form and substance satisfactory to the
Authority:

(a) The Local Bond, the Funding Agreement and the Support Agreement.

(b) A certified copy of the Local Resolution.




 

 

 
 - 8 - 

  (c) A certificate of appropriate officials of the Borrower as to the matters set 
forth in Section 2.1 and such other matters as the Authority may reasonably require. 
 
  (d) A closing certificate from the Department certifying that the Project is in 
compliance with all federal and state laws and project requirements applicable to the Fund. 
 
  (e) A certificate of the Consulting Engineer estimating the total Project Costs 
to be financed with the Local Bond Proceeds, which estimate is in an amount and otherwise 
compatible with the financing plan described in the Project Budget. 
   
  (f) A certificate of the Consulting Engineer to the effect that in the opinion of 
the Consulting Engineer (i) the Project will be a part of the System, and (ii) the Local Bond 
Proceeds and funds available from the other sources specified in the Project Budget will be 
sufficient to pay the estimated Project Costs. 
 
  (g) A certificate, including supporting documentation, of a Qualified 
Independent Consultant that in the opinion of the Qualified Independent Consultant, during the 
first two complete Fiscal Years of the Borrower following completion of the Project, the 
projected Net Revenues Available for Debt Service will satisfy the rate covenant made by the 
Borrower in Section 5.1(a).  In providing this certificate, the Qualified Independent Consultant 
may take into consideration future System rate increases, provided that such rate increases have 
been duly approved by the governing body of the Borrower and any other person or entity 
required to give approval for the rate increase to become effective.  In addition, the Qualified 
Independent Consultant may take into consideration additional future revenues to be derived 
under existing contractual arrangements entered into by the Borrower and from reasonable 
estimates of growth in the consumer base of the Borrower. 
 
  (h) A certificate of the Consulting Engineer as to the date the Borrower is 
expected to complete the acquisition, construction and equipping of the Project. 
 
  (i) Evidence satisfactory to the Authority that all governmental permits, 
licenses, registrations, certificates, authorizations and approvals for the Project required to have 
been obtained as of the date of the delivery of this Agreement have been obtained and a 
statement of the Consulting Engineer that he knows of no reason why any future required 
governmental permits, licenses, registrations, certificates, authorizations and approvals cannot be 
obtained as needed. 
 
  (j) Evidence satisfactory to the Authority that the Borrower has obtained or 
has made arrangements satisfactory to the Authority to obtain any funds or other financing for 
the Project as contemplated in the Project Budget. 
 
  (k) Evidence satisfactory to the Authority that the Borrower has performed 
and satisfied all of the terms and conditions contained in this Agreement to be performed and 
satisfied by it as of such date. 
 

(©) A certificate of appropriate officials of the Borrower as to the matters set
forth in Section 2.1 and such other matters as the Authority may reasonably require.

(d) A closing certificate from the Department certifying that the Project is in
compliance with all federal and state laws and project requirements applicable to the Fund,

(©) _ A certificate of the Consulting Engineer estimating the total Project Costs
to be financed with the Local Bond Proceeds, which estimate is in an amount and otherwise
compatible with the financing plan described in the Project Budget.

(p A certificate of the Consulting Engineer to the effect that in the opinion of
the Consulting Engineer (i) the Project will be a part of the System, and (ii) the Local Bond
Proceeds and funds available from the other sources specified in the Project Budget will be
sufficient to pay the estimated Project Costs

(g) A certificate, including supporting documentation, of a Qualified
Independent Consultant that in the opinion of the Qualified Independent Consultant, during the
first two complete Fiscal Years of the Borrower following completion of the Project, the
projected Net Revenues Available for Debt Service will satisfy the rate covenant made by the
Borrower in Section 5.1(a). In providing this certificate, the Qualified Independent Consultant
may take into consideration future System rate increases, provided that such rate increases have
been duly approved by the governing body of the Borrower and any other person or entity
required to give approval for the rate increase to become effective. In addition, the Qualified
Independent Consultant may take into consideration additional future revenues to be derived
under existing contractual arrangements entered into by the Borrower and from reasonable
estimates of growth in the consumer base of the Borrower.

(h) A certificate of the Consulting Engineer as to the date the Borrower is,
expected to complete the acquisition, construction and equipping of the Project.

(i) Evidence satisfactory to the Authority that all governmental permits,
licenses, registrations, certificates, authorizations and approvals for the Project required to have
been obtained as of the date of the delivery of this Agreement have been obtained and a
statement of the Consulting Engineer that he knows of no reason why any future required
governmental permits, licenses, registrations, certificates, authorizations and approvals cannot be
obtained as needed.

() Evidence satisfactory to the Authority that the Borrower has obtained or
has made arrangements satisfactory to the Authority to obtain any funds or other financing for
the Project as contemplated in the Project Budget.

(k) Evidence satisfactory to the Authority that the Borrower has performed
and satisfied all of the terms and conditions contained in this Agreement to be performed and
satisfied by it as of such date.




 

 

 
 - 9 - 

  (l) An Opinion of Counsel, substantially in the form of Exhibit D, addressed 
to the Fund and the Authority. 
 
  (m) An opinion of counsel to the Borrower in form and substance reasonably 
satisfactory to the Authority. 
 
  (n) Evidence satisfactory to the Authority that the Borrower has complied 
with the insurance provisions set forth in Sections 9.1 and 9.2 hereof. 
 
  (o) Evidence that the Borrower has satisfied all conditions precedent to the 
issuance of the Local Bond as a “Parity Bond” under the financing agreements for the Existing 
Parity Bonds. 
 
  (p) Evidence satisfactory to the Authority that the Service Contracts are in full 
force and effect and that they are binding and enforceable agreements as to each of the Borrower 
and the other parties to such agreements. 
 
  (q) Such other documentation, certificates and opinions as the Authority, the 
Board or the Department may reasonably require, including an opinion from counsel acceptable 
to the Authority that the Support Agreement is a valid and enforceable obligation against the 
County, subject to usual and customary qualifications. 
 
 

ARTICLE IV 
USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT 

 
 Section 4.1. Application of Proceeds. 
 
 (a) The Borrower agrees to apply the Local Bond Proceeds solely and exclusively to 
the payment, or the reimbursement of the Borrower for the payment, of Project Costs and further 
agrees to exhibit to the Board or the Authority receipts, vouchers, statements, bills of sale or 
other evidence of the actual payment of such Project Costs.  The Authority shall disburse money 
from the Fund to or for the account of the Borrower not more frequently than once each calendar 
month (unless otherwise agreed by the Authority and the Borrower) upon receipt by the 
Authority (with a copy to be furnished to the Board) of the following: 
 
  (1) A requisition (upon which the Authority, the Board and the Department 
shall be entitled to rely) signed by an Authorized Representative and containing all information 
called for by, and otherwise being in the form of, Exhibit E to this Agreement; 
 
  (2) If any requisition includes an item for payment for labor or to contractors, 
builders or materialmen, 
 
   (i) a certificate, signed by the Consulting Engineer, stating that such 

work was actually performed or such materials, supplies or equipment 

() An Opinion of Counsel, substantially in the form of Exhibit D, addressed
to the Fund and the Authority.

(m) An opinion of counsel to the Borrower in form and substance reasonably
satisfactory to the Authority.

(n) Evidence satisfactory to the Authority that the Borrower has complied
with the insurance provisions set forth in Sections 9.1 and 9.2 hereof.

(0) _ Evidence that the Borrower has satisfied all conditions precedent to the
issuance of the Local Bond as a “Parity Bond” under the financing agreements for the Existing
Parity Bonds.

(p) _ Evidence satisfactory to the Authority that the Service Contracts are in full
force and effect and that they are binding and enforceable agreements as to each of the Borrower
and the other parties to such agreements.

(q) Such other documentation, certificates and opinions as the Authority, the
Board or the Department may reasonably require, including an opinion from counsel acceptable
to the Authority that the Support Agreement is a valid and enforceable obligation against the
County, subject to usual and customary qualifications.

ARTICLE IV
USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT

Section 4.1. Application of Proceeds.

(a) The Borrower agrees to apply the Local Bond Proceeds solely and exclusively to
the payment, or the reimbursement of the Borrower for the payment, of Project Costs and further
agrees to exhibit to the Board or the Authority receipts, vouchers, statements, bills of sale or
other evidence of the actual payment of such Project Costs. The Authority shall disburse money
from the Fund to or for the account of the Borrower not more frequently than once each calendar
month (unless otherwise agreed by the Authority and the Borrower) upon receipt by the
Authority (with a copy to be furnished to the Board) of the following:

(1) A requisition (upon which the Authority, the Board and the Department
shall be entitled to rely) signed by an Authorized Representative and containing all information
called for by, and otherwise being in the form of, Exhibit E to this Agreement;

(2) Ifany requisition includes an item for payment for labor or to contractors,
builders or materialmen,

(i) a certificate, signed by the Consulting Engineer, stating that such
work was actually performed or such materials, supplies or equipment




 

 

 
 - 10 - 

were actually furnished or installed in or about the construction of the 
Project; and 

 
   (ii) a certificate, signed by an Authorized Representative, stating either 

that such materials, supplies or equipment are not subject to any lien or 
security interest or that such lien or security interest will be released or 
discharged upon payment of the requisition. 

 
 Upon receipt of each such requisition and accompanying certificate or certificates and 
approval thereof by the Board, the Authority shall disburse Local Bond Proceeds hereunder to or 
for the account of the Borrower in accordance with such requisition in an amount and to the 
extent approved by the Board and shall note the date and amount of each such disbursement on a 
schedule of principal disbursements to be included on the Local Bond.  The Authority shall have 
no obligation to disburse any such Local Bond Proceeds if the Borrower is in default hereunder 
nor shall the Board have any obligation to approve any requisition if the Borrower is not in 
compliance with the terms of this Agreement. 
 
 (b) The Borrower shall comply with all applicable laws of the Commonwealth of 
Virginia, including but not limited to, the Virginia Public Procurement Act, as amended, 
regarding the awarding and performance of public construction contracts related to the Project.  
Except as may otherwise be approved by the Board, disbursements shall be held at ninety-five 
percent (95%) of the maximum authorized amount of the Local Bond to ensure satisfactory 
completion of the Project.  Upon receipt from the Borrower of the certificate specified in 
Section 4.2 and a final requisition detailing all retainages to which the Borrower is then entitled, 
the Authority, to the extent approved by the Board and subject to the provisions of this Section 
and Section 4.2, will disburse to or for the account of the Borrower Local Bond Proceeds to the 
extent of such approval. 
 
 The Authority shall have no obligation to disburse Local Bond Proceeds in excess of the 
amount necessary to pay for approved Project Costs.  If principal disbursements up to the 
maximum authorized amount of the Local Bond are not made, principal installments due on the 
Local Bond shall be reduced only in accordance with Section 6.1. 
 
 Section 4.2. Agreement to Accomplish Project.  The Borrower agrees to cause the 
Project to be acquired, constructed, expanded, renovated or equipped as described in Exhibit B 
and in accordance with the Project Budget and the plans, specifications and designs prepared by 
the Consulting Engineer and approved by the Board.  The Borrower shall use its best efforts to 
complete the Project by the date set forth in the certificate provided to the Authority pursuant to 
Section 3.2(h).  All plans, specifications and designs shall be approved by all applicable 
regulatory agencies.  The Borrower agrees to maintain complete and accurate books and records 
of the Project Costs and permit the Authority and the Board through their duly authorized 
representatives to inspect such books and records at any reasonable time.  The Borrower and the 
Authority, with the consent of the Board, may amend the description of the Project set forth in 
Exhibit B. 
 

were actuallly furnished or installed in or about the construction of the
Project; and

(ii) a certificate, signed by an Authorized Representative, stating either
that such materials, supplies or equipment are not subject to any lien or
security interest or that such lien or security interest will be released or
discharged upon payment of the requisition.

Upon receipt of each such requisition and accompanying certificate or certificates and
approval thereof by the Board, the Authority shall disburse Local Bond Proceeds hereunder to or
for the account of the Borrower in accordance with such requisition in an amount and to the
extent approved by the Board and shall note the date and amount of each such disbursement on a
schedule of principal disbursements to be included on the Local Bond. The Authority shall have
no obligation to disburse any such Local Bond Proceeds if the Borrower is in default hereunder
nor shall the Board have any obligation to approve any requisition if the Borrower is not in
compliance with the terms of this Agreement.

(b) _ The Borrower shall comply with all applicable laws of the Commonwealth of
Virginia, including but not limited to, the Virginia Public Procurement Act, as amended,
regarding the awarding and performance of public construction contracts related to the Project.
Except as may otherwise be approved by the Board, disbursements shall be held at ninety-five
percent (95%) of the maximum authorized amount of the Local Bond to ensure satisfactory
completion of the Project. Upon receipt from the Borrower of the certificate specified in
Section 4.2 and a final requisition detailing all retainages to which the Borrower is then entitled,
the Authority, to the extent approved by the Board and subject to the provisions of this Section
and Section 4.2, will disburse to or for the account of the Borrower Local Bond Proceeds to the
extent of such approval.

The Authority shall have no obligation to disburse Local Bond Proceeds in excess of the
amount necessary to pay for approved Project Costs. If principal disbursements up to the
maximum authorized amount of the Local Bond are not made, principal installments due on the
Local Bond shall be reduced only in accordance with Section 6.1.

Section 4.2. Agreement to Accomplish Project. The Borrower agrees to cause the
Project to be acquired, constructed, expanded, renovated or equipped as described in Exhibit B
and in accordance with the Project Budget and the plans, specifications and designs prepared by
the Consulting Engineer and approved by the Board. The Borrower shalll use its best efforts to
complete the Project by the date set forth in the certificate provided to the Authority pursuant to
Section 3.2(h). All plans, specifications and designs shall be approved by all applicable
regulatory agencies. The Borrower agrees to maintain complete and accurate books and records
of the Project Costs and permit the Authority and the Board through their duly authorized
representatives to inspect such books and records at any reasonable time, The Borrower and the
Authority, with the consent of the Board, may amend the description of the Project set forth in
Exhibit B

-10-




 

 

 
 - 11 - 

 When the Project has been completed, the Borrower shall promptly deliver to the 
Authority and the Board a certificate signed by an Authorized Representative of the Borrower 
and by the Consulting Engineer stating (i) that the Project has been completed substantially in 
accordance with this Section, the plans and specifications as amended from time to time, as 
approved by the Board, and in substantial compliance with all material applicable laws, 
ordinances, rules and regulations, (ii) the date of such completion, (iii) that all certificates of 
occupancy or other material permits necessary for the Project’s use, occupancy and operation 
have been issued or obtained, and (iv) the amount, if any, to be reserved for payment of Project 
Costs. 
 
 Section 4.3. Permits.  The Borrower, at its sole cost and expense, shall comply with, 
and shall obtain all permits, consents and approvals required by local, state or federal laws, 
ordinances, rules, regulations or requirements in connection with the acquisition, construction, 
equipping, occupation, operation or use of the Project.  The Borrower shall, upon request, 
promptly furnish to the Authority and the Board copies of all such permits, consents and 
approvals.  The Borrower shall also comply with all lawful program or procedural guidelines or 
requirements duly promulgated and amended from time to time by the Board in connection with 
the acquisition, construction, equipping, occupation, operation or use of projects financed from 
the Fund under the Act.  The Borrower shall also comply in all respects with all applicable 
federal laws, regulations and other requirements relating to or arising out of or in connection 
with the Project and the funding thereof from the Fund, including, but not limited to, the federal 
“crosscutting” requirements identified in Schedule A of the Commitment Letter.  Where 
noncompliance with such requirements is determined by the Authority or the Board, the issue 
shall be referred to the proper federal authority or agency for consultation or enforcement action. 
 
 Section 4.4. Construction Contractors.  Each construction contractor employed in the 
accomplishment of the Project shall be required in the construction contract to furnish a 
performance bond and a payment bond each in an amount equal to one hundred percent (100%) 
of the particular contract price.  Such bonds shall list the Borrower, the Fund, the Authority and 
the Board as beneficiaries.  Each contractor shall be required to maintain during the construction 
period covered by the particular construction contract builder’s risk insurance, workers’ 
compensation insurance, public liability insurance, property damage insurance and vehicle 
liability insurance in amounts and on terms satisfactory to the Consulting Engineer.  Upon 
request of the Authority or the Board, the Borrower shall cause each contractor to furnish 
evidence of such bonds and insurance to the Authority and the Board. 
 
 Section 4.5. Engineering Services.  The Borrower shall retain a Consulting Engineer 
to provide engineering services covering the operation of the System and the supervision and 
inspection of the construction of the Project.  The Consulting Engineer shall certify to the Fund, 
the Authority and the Board as to the various stages of the completion of the Project as 
disbursements of Local Bond Proceeds are requested and shall upon completion of the Project 
provide to the Fund, the Authority and the Board the certificates required by Sections 4.1 and 
4.2. 
 
 Section 4.6. Borrower Required to Complete Project.  If the Local Bond Proceeds 
are not sufficient to pay in full the cost of the Project, the Borrower will complete the Project at 

When the Project has been completed, the Borrower shall promptly deliver to the
Authority and the Board a certificate signed by an Authorized Representative of the Borrower
and by the Consulting Engineer stating (i) that the Project has been completed substantially in
accordance with this Section, the plans and specifications as amended from time to time, as
approved by the Board, and in substantial compliance with all material applicable laws,
ordinances, rules and regulations, (ii) the date of such completion, (iii) that all certificates of
‘occupancy or other material permits necessary for the Project’s use, occupancy and operation
have been issued or obtained, and (iv) the amount, if any, to be reserved for payment of Project
Costs.

Section 4.3. Permits. The Borrower, at its sole cost and expense, shall comply with,
and shall obtain all permits, consents and approvals required by local, state or federal laws,
ordinances, rules, regulations or requirements in connection with the acquisition, construction,
equipping, occupation, operation or use of the Project. The Borrower shall, upon request,
promptly furnish to the Authority and the Board copies of all such permits, consents and
approvals. The Borrower shall also comply with all lawful program or procedural guidelines or
requirements duly promulgated and amended from time to time by the Board in connection with
the acquisition, construction, equipping, occupation, operation or use of projects financed from
the Fund under the Act. The Borrower shall also comply in all respects with all applicable
federal laws, regulations and other requirements relating to or arising out of or in connection
with the Project and the funding thereof from the Fund, including, but not limited to, the federal
“crosscutting” requirements identified in Schedule A of the Commitment Letter. Where
noncompliance with such requirements is determined by the Authority or the Board, the issue
shall be referred to the proper federal authority or agency for consultation or enforcement action.

Section 4.4. Construction Contractors. Each construction contractor employed in the
accomplishment of the Project shall be required in the construction contract to furnish a
performance bond and a payment bond each in an amount equal to one hundred percent (100%)
of the particular contract price. Such bonds shall list the Borrower, the Fund, the Authority and
the Board as beneficiaries. Each contractor shall be required to maintain during the construction
period covered by the particular construction contract builder’s risk insurance, workers”
compensation insurance, public liability insurance, property damage insurance and vehicle
liability insurance in amounts and on terms satisfactory to the Consulting Engineer. Upon
request of the Authority or the Board, the Borrower shall cause each contractor to furnish
evidence of such bonds and insurance to the Authority and the Board.

Section 4.5. Engineering Services. The Borrower shall retain a Consulting Engineer
to provide engineering services covering the operation of the System and the supervision and
inspection of the construction of the Project. The Consulting Engineer shall certify to the Fund,
the Authority and the Board as to the various stages of the completion of the Project as
disbursements of Local Bond Proceeds are requested and shall upon completion of the Project
provide to the Fund, the Authority and the Board the certificates required by Sections 4.1 and
4.2.

Section 4.6. Borrower Required to Complete Project. If the Local Bond Proceeds
are not sufficient to pay in full the cost of the Project, the Borrower will complete the Project at

-lle




 

 

 
 - 12 - 

its own expense and shall not be entitled to any reimbursement therefor from the Fund, the 
Authority or the Board or any abatement, diminution or postponement of the Borrower’s 
payments under the Local Bond or this Agreement. 
 
 

ARTICLE V 
PLEDGE, REVENUES AND RATES 

 
 Section 5.1. Pledge of Revenues; Rate Covenant.  Subject to the Borrower’s right to 
apply Revenues to the payment of Operation and Maintenance Expense, the Revenues are hereby 
pledged to the Authority, as Administrator of the Fund, to secure the payment of the principal of and 
Cost of Funds on the Local Bond and the payment and performance of the Borrower’s obligations 
under this Agreement.  This pledge shall be valid and binding from and after the execution and 
delivery of this Agreement.  The Revenues, as received by the Borrower, shall immediately be 
subject to the lien of this pledge without any physical delivery of them or further act.  The lien of 
this pledge of the Revenues is on a parity with the lien of the pledge of the Revenues securing the 
Existing Parity Bonds.  The lien of this pledge shall, subject to the right of the Borrower to apply 
Revenues to the payment of Operation and Maintenance Expense, have priority over all other 
obligations and liabilities of the Borrower, and the lien of this pledge shall be valid and binding 
against all parties having claims of any kind against the Borrower regardless of whether such parties 
have notice of this pledge. 
 
 (a) The Borrower covenants and agrees that it will fix and collect rates, fees and other 
charges for the use of and for services furnished or to be furnished by the System, and will from 
time to time revise such rates, fees and other charges so that in each Fiscal Year the Net Revenues 
Available for Debt Service (for the purposes of this rate covenant, inclusive of amounts transferred 
or derived from the general fund of the County pursuant to the Support Agreement) will equal at 
least 100% of the amount required during the Fiscal Year to pay the principal of and Cost of Funds 
on the Local Bond, the Additional Payments and all other indebtedness of the Borrower secured by 
or payable from Revenues including without limitation, indebtedness under leases which are 
treated as capital leases under generally accepted accounting principles.  If, for any reason, the 
Revenues are insufficient to satisfy the foregoing covenant, the Borrower shall within ninety (90) 
days adjust and increase its rates, fees and other charges or reduce its Operation and Maintenance 
Expense so as to provide sufficient Revenues to satisfy such requirement. 
 
 (b) On or before the last day of each Fiscal Year, the Borrower shall review the 
adequacy of its rates, fees and other charges for the next Fiscal Year, and, if such review indicates 
the Borrower’s rates, fees and other charges are insufficient to satisfy the rate covenant in 
subsection (a) of this Section, the Borrower shall promptly take appropriate action to increase its 
rates, fees and other charges or reduce its Operation and Maintenance Expense to cure any 
deficiency. 
 
 Section 5.2. Annual Budget.  The Borrower agrees before the first day of each Fiscal 
Year to adopt a budget for such Fiscal Year containing all information called for by, and otherwise 
being in the form of, Exhibit G to this Agreement, for such Fiscal Year setting forth a schedule of 
the rates, fees and other charges to be imposed by the Borrower, the Revenues estimated to be 

its own expense and shall not be entitled to any reimbursement therefor from the Fund, the
Authority or the Board or any abatement, diminution or postponement of the Borrower's
payments under the Local Bond or this Agreement.

ARTICLE V.
PLEDGE, REVENUES AND RATES

Section 5.1. Pledge of Revenues: Rate Covenant. Subject to the Borrower's right to
apply Revenues to the payment of Operation and Maintenance Expense, the Revenues are hereby
pledged to the Authority, as Administrator of the Fund, to secure the payment of the principal of and
Cost of Funds on the Local Bond and the payment and performance of the Borrower's obligations
under this Agreement. This pledge shall be valid and binding from and after the execution and
delivery of this Agreement. The Revenues, as received by the Borrower, shall immediately be
subject to the lien of this pledge without any physical delivery of them or further act. The lien of
this pledge of the Revenues is on a parity with the lien of the pledge of the Revenues securing the
Existing Parity Bonds. The lien of this pledge shall, subject to the right of the Borrower to apply
Revenues to the payment of Operation and Maintenance Expense, have priority over all other
obligations and liabilities of the Borrower, and the lien of this pledge shall be valid and binding
against all parties having claims of any kind against the Borrower regardless of whether such parties
have notice of this pledge.

(a) The Borrower covenants and agrees that it will fix and collect rates, fees and other
charges for the use of and for services furnished or to be furnished by the System, and will from
time to time revise such rates, fees and other charges so that in each Fiscal Year the Net Revenues
Available for Debt Service (for the purposes of this rate covenant, inclusive of amounts transferred
or derived from the general fund of the County pursuant to the Support Agreement) will equal at
least 100% of the amount required during the Fiscal Year to pay the principal of and Cost of Funds
on the Local Bond, the Additional Payments and all other indebtedness of the Borrower secured by
or payable from Revenues including without limitation, indebtedness under leases which are
treated as capital leases under generally accepted accounting principles. If, for any reason, the
Revenues are insufficient to satisfy the foregoing covenant, the Borrower shall within ninety (90)
days adjust and increase its rates, fees and other charges or reduce its Operation and Maintenance
Expense so as to provide sufficient Revenues to satisfy such requirement.

(b) __ Onor before the last day of each Fiscal Year, the Borrower shall review the
adequacy of its rates, fees and other charges for the next Fiscal Year, and, if such review indicates
the Borrower's rates, fees and other charges are insufficient to satisfy the rate covenant in
subsection (a) of this Section, the Borrower shall promptly take appropriate action to increase its
rates, fees and other charges or reduce its Operation and Maintenance Expense to cure any
deficiency,

Section 5.2, Annual Budget. The Borrower agrees before the first day of each Fiscal
Year to adopt a budget for such Fiscal Year containing all information called for by, and otherwise
being in the form of, Exhibit G to this Agreement, for such Fiscal Year setting forth a schedule of
the rates, fees and other charges to be imposed by the Borrower, the Revenues estimated to be

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generated thereby, the expenditures anticipated by the Borrower for operations, maintenance, 
repairs, replacements, improvements, debt service and other purposes, and specifically identifying 
any amounts made available by the County pursuant to the Support Agreement.  Such budget as 
approved by the Borrower’s governing body is referred to in this Agreement as the Annual Budget.  
The Borrower may at any time during any Fiscal Year amend the Annual Budget for such Fiscal 
Year so long as such amendment does not result in a Default.  The Borrower shall submit a copy of 
the Annual Budget and any amendments thereto to the Authority. 
 
 Section 5.3.  Qualified Independent Consultant’s Report.  (a)  If at the end of any 
Fiscal Year, the Borrower is not in compliance with the rate covenant made by the Borrower in 
Section 5.1(a), within two hundred ten (210) days after the end of such Fiscal Year, the Borrower 
shall obtain a report from the Qualified Independent Consultant giving advice and making 
recommendations as to the proper maintenance, repair, replacement and operation of the System 
for the next ensuing Fiscal Year and estimating the costs thereof as to the rates, fees, and other 
charges which should be established by the Borrower to satisfy the rate covenant in Section 
5.1(a).  The Borrower shall promptly furnish a copy of such report to the Authority and, subject 
to Section 5.3(b), take measures to implement the recommendations of the Qualified Independent 
Consultant within ninety (90) days of obtaining such report. 
 
 (b) If the Borrower determines that the Qualified Independent Consultant’s 
recommendations are impractical or inappropriate, the Borrower may in lieu thereof adopt other 
procedures which the Borrower believes will bring it into compliance with the rate covenant 
made by the Borrower in Section 5.1(a) when such measures have been implemented and 
become fully effective.  Such alternative plan shall be filed with the Authority not later than 
thirty (30) days after receipt of the Qualified Independent Consultant’s report along with a 
detailed explanation of the Borrower’s reason for rejecting the Qualified Independent 
Consultant’s recommendations.  Notwithstanding anything herein to the contrary, the Authority 
reserves the right, in its sole discretion, to reject such alternate procedures and require the 
Borrower to comply with the Qualified Independent Consultant’s recommendations. 
 
 

ARTICLE VI 
PAYMENTS 

 
 Section 6.1. Payment of Local Bond. (a) The Local Bond shall be dated the date of its 
delivery to the Authority.  The Cost of Funds on the Local Bond shall be computed on the 
disbursed principal balance thereof from the date of each disbursement at the rate of two percent 
(2.00%) per annum, consisting of the following: 
 

 (i) interest of fifty one hundredths percent (0.50%) per annum payable for the benefit 
of the Fund, and 
 
 (ii) one and fifty one-hundredths percent (1.50%) per annum payable as an Annual 
Administrative Fee. 

 

generated thereby, the expenditures anticipated by the Borrower for operations, maintenance,
repairs, replacements, improvements, debt service and other purposes, and specifically identifying
any amounts made available by the County pursuant to the Support Agreement. Such budget as
approved by the Borrower’s governing body is referred to in this Agreement as the Annual Budget.
The Borrower may at any time during any Fiscal Year amend the Annual Budget for such Fiscal
‘Year so long as such amendment does not result in a Default, The Borrower shall submit a copy of
the Annual Budget and any amendments thereto to the Authority.

Section 5.3. Qualified Independent Consultant’s Report. (a) If at the end of any

Fiscal Year, the Borrower is not in compliance with the rate covenant made by the Borrower in
Section 5.1(a), within two hundred ten (210) days after the end of such Fiscal Year, the Borrower
shall obtain a report from the Qualified Independent Consultant giving advice and making
recommendations as to the proper maintenance, repair, replacement and operation of the System
for the next ensuing Fiscal Year and estimating the costs thereof as to the rates, fees, and other
charges which should be established by the Borrower to satisfy the rate covenant in Section
5.1(a). The Borrower shall promptly furnish a copy of such report to the Authority and, subject
to Section 5.3(b), take measures to implement the recommendations of the Qualified Independent
Consultant within ninety (90) days of obtaining such report.

(b) _ Ifthe Borrower determines that the Qualified Independent Consultant’s
recommendations are impractical or inappropriate, the Borrower may in lieu thereof adopt other
procedures which the Borrower believes will bring it into compliance with the rate covenant
made by the Borrower in Section 5.1(a) when such measures have been implemented and
become fully effective. Such alternative plan shall be filed with the Authority not later than
thirty (30) days after receipt of the Qualified Independent Consultant’s report along with a
detailed explanation of the Borrower's reason for rejecting the Qualified Independent
Consultant’s recommendations. Notwithstanding anything herein to the contrary, the Authority
reserves the right, in its sole discretion, to reject such alternate procedures and require the
Borrower to comply with the Qualified Independent Consultant’s recommendations.

ARTICLE VI

PAYMENTS

Section 6.1. Payment of Local Bond. (a) The Local Bond shall be dated the date of its
delivery to the Authority. The Cost of Funds on the Local Bond shall be computed on the
disbursed principal balance thereof from the date of each disbursement at the rate of two percent
(2.00%) per annum, consisting of the following:

(i) interest of fifty one hundredths percent (0.50%) per annum payable for the benefit
of the Fund, and

(ii) one and fifty one-hundredths percent (1.50%) per annum payable as an Annual
Administrative Fee.

“Be




 

 

 
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 (b) The Cost of Funds only on all amounts disbursed under the Local Bond shall be 
due and payable on _______ 1, 20__.  Commencing _______ 1, 20__ and continuing semi-
annually thereafter on _______ 1 and _______ 1 in each year, principal and Cost of Funds due 
under the Local Bond shall be payable in equal installments of $_______, with a final installment 
of $_______ due and payable on _______ 1, 20__, when, if not sooner paid, all amounts due 
hereunder and under the Local Bond shall be due and payable in full.  Each installment shall be 
applied first to payment of the Cost of Funds accrued and unpaid to the payment date and then to 
principal.  If principal disbursements up to the maximum authorized amount of the Local Bond 
are not made, the principal amount due on the Local Bond shall not include such undisbursed 
amount.  However, unless the Borrower and the Authority agree otherwise in writing, until all 
amounts due hereunder and under the Local Bond shall have been paid in full, less than full 
disbursement of the maximum authorized amount of the Local Bond shall not postpone the due 
date of any semi-annual installment due on the Local Bond, or change the amount of such 
installment.  If any installment of principal of or Cost of Funds on the Local Bond is not paid 
within ten (10) days after its due date, the Borrower agrees to pay to the Authority a late payment 
charge in an amount equal to five percent (5.0%) of the overdue installment. 
 
 Section 6.2. Payment of Additional Payments.  In addition to the payments of 
principal of and Cost of Funds on the Local Bond, the Borrower agrees to pay on demand of the 
Authority the following Additional Payments: 
 
   (1) The costs of the Fund, the Authority, the Department or the Board 

in connection with the enforcement of this Agreement, including the reasonable 
fees and expenses of any attorneys used by any of them; and 

 
   (2) All expenses, including reasonable attorneys’ fees, relating to any 

amendments, waivers, consents or collection or enforcement proceedings pursuant 
to the provisions hereof. 

 
 The Borrower agrees to pay interest on any Additional Payments enumerated in (1) above 
not received by the Authority within ten (10) days after demand therefor at a rate of five percent 
(5.0%) per annum of the overdue installment from its due date until the date it is paid. 
 
 

ARTICLE VII 
PREPAYMENTS 

 
 Section 7.1. Prepayment of Local Bond.  Upon completion of the Project and after 
giving at least ten (10) days’ written notice to the Authority, the Borrower may prepay the Local 
Bond at any time, in whole or in part and without penalty.  Such written notice shall specify the 
date on which the Borrower will make such prepayment and whether the Local Bond will be 
prepaid in full or in part, and if in part, the principal amount to be prepaid.  Any such partial 
prepayment shall be applied against the principal amount outstanding under the Local Bond but 
shall not postpone the due date of any subsequent payment on the Local Bond, or change the 
amount of such installment, unless the Borrower and the Authority agree otherwise in writing. 
 

(b) The Cost of Funds only on all amounts disbursed under the Local Bond shall be

due and payable on 1,20__. Commencing 1, 20__ and continuing semi-
annually thereafter on Land 1 in each year, principal and Cost of Funds due
under the Local Bond shall be payable in equal installments of $ . with a final installment

ofS. due and payable on 1, 20__, when, if not sooner paid, all amounts due
hereunder and under the Local Bond shall be due and payable in full. Each installment shall be
applied first to payment of the Cost of Funds accrued and unpaid to the payment date and then to
principal. If principal disbursements up to the maximum authorized amount of the Local Bond
are not made, the principal amount due on the Local Bond shall not include such undisbursed
amount. However, unless the Borrower and the Authority agree otherwise in writing, until all
amounts due hereunder and under the Local Bond shall have been paid in full, less than full
disbursement of the maximum authorized amount of the Local Bond shall not postpone the due
date of any semi-annual installment due on the Local Bond, or change the amount of such
installment. If any installment of principal of or Cost of Funds on the Local Bond is not paid
within ten (10) days after its due date, the Borrower agrees to pay to the Authority a late payment
charge in an amount equal to five percent (5.0%) of the overdue installment.

Section 6.2, Payment of Additional Payments, In addition to the payments of
principal of and Cost of Funds on the Local Bond, the Borrower agrees to pay on demand of the
Authority the following Additional Payments:

(1) The costs of the Fund, the Authority, the Department or the Board
in connection with the enforcement of this Agreement, including the reasonable
fees and expenses of any attorneys used by any of them; and

(2) Allexpenses, including reasonable attorneys’ fees, relating to any
amendments, waivers, consents or collection or enforcement proceedings pursuant
to the provisions hereof.

The Borrower agrees to pay interest on any Additional Payments enumerated in (1) above
not received by the Authority within ten (10) days after demand therefor at a rate of five percent
(5.0%) per annum of the overdue installment from its due date until the date it is paid.

ARTICLE VII
PREPAYMENTS

Section 7.1. Prepayment of Local Bond. Upon completion of the Project and after
giving at least ten (10) days” written notice to the Authority, the Borrower may prepay the Local
Bond at any time, in whole or in part and without penalty. Such written notice shall specify the
date on which the Borrower will make such prepayment and whether the Local Bond will be
prepaid in full or in part, and if in part, the principal amount to be prepaid. Any such partial
prepayment shall be applied against the principal amount outstanding under the Local Bond but
shall not postpone the due date of any subsequent payment on the Local Bond, or change the
amount of such installment, unless the Borrower and the Authority agree otherwise in writing.

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ARTICLE VIII 

OPERATION AND USE OF SYSTEM 
 
 Section 8.1. Ownership and Operation of Project and System.  Except as may 
otherwise be approved by the Authority or permitted by the terms hereof, the Project and the 
System at all times shall be owned by the Borrower and shall not be operated or controlled by 
any other entity or person. 
 
 Section 8.2. Maintenance.  At its own cost and expense, the Borrower shall operate 
the System in a proper, sound and economical manner and in compliance with all legal 
requirements, shall maintain the System in good repair and operating condition and from time to 
time shall make all necessary repairs, renewals and replacements. 
 
 Section 8.3. Additions and Modifications.  At its own expense, the Borrower from 
time to time may make any additions, modifications or improvements to the System which it 
deems desirable and which do not materially reduce the value of the System or the structural or 
operational integrity of any part of the System, provided that all such additions, modifications or 
improvements comply with all applicable federal, state and local laws, rules, regulations, orders, 
permits, authorizations and requirements.  All such renewals, replacements, additions, modifi-
cations and improvements shall become part of the System. 
 
 Section 8.4. Use of System.  The Borrower shall comply with all lawful requirements 
of any governmental authority regarding the System, whether now existing or subsequently 
enacted, whether foreseen or unforeseen or whether involving any change in governmental 
policy or requiring structural, operational and other changes to the System, irrespective of the 
cost of making the same. 
 
 Section 8.5. Inspection of System and Borrower’s Books and Records.  The 
Authority and the Board and their duly authorized representatives and agents shall have such 
reasonable rights of access to the System as may be necessary to determine whether the 
Borrower is in compliance with the requirements of this Agreement and shall have the right at all 
reasonable times and upon reasonable prior notice to the Borrower to examine and copy the 
books and records of the Borrower insofar as such books and records relate to the System. 
 
 Section 8.6. Ownership of Land.  The Borrower shall not construct, reconstruct or 
install any part of the System on lands other than those which the Borrower owns or can acquire 
title to or a perpetual easement over, in either case sufficient for the Borrower’s purposes, unless 
such part of the System is lawfully located in a public street or highway or is a main, conduit, 
pipeline, main connection or facility located on land in which the Borrower has acquired a right 
or interest less than a fee simple or perpetual easement and such lesser right or interest has been 
approved by written opinion of counsel to the Borrower as sufficient for the Borrower’s 
purposes. 
 
 Section 8.7. Sale or Encumbrance.  No part of the System shall be sold, exchanged, 
leased, mortgaged, encumbered or otherwise disposed of except as provided in any one of the 

ARTICLE VU
OPERATION AND USE OF SYSTEM

Section 8.1. Ownership and Operation of Project and System. Except as may
otherwise be approved by the Authority or permitted by the terms hereof, the Project and the
System at all times shall be owned by the Borrower and shall not be operated or controlled by
any other entity or person.

Section 8.2. Maintenance. At its own cost and expense, the Borrower shall operate
the System in a proper, sound and economical manner and in compliance with all legal
requirements, shall maintain the System in good repair and operating condition and from time to
time shall make all necessary repairs, renewals and replacements.

Section 8.3. Additions and Modifications. At its own expense, the Borrower from
time to time may make any additions, modifications or improvements to the System which it
deems desirable and which do not materially reduce the value of the System or the structural or
operational integrity of any part of the System, provided that all such additions, modifications or
improvements comply with all applicable federal, state and local laws, rules, regulations, orders,
permits, authorizations and requirements. All such renewals, replacements, additions, modifi-
cations and improvements shall become part of the System,

Section 8.4. Use of System. The Borrower shall comply with all lawful requirements
of any governmental authority regarding the System, whether now existing or subsequently
enacted, whether foreseen or unforeseen or whether involving any change in governmental
policy or requiring structural, operational and other changes to the System, irrespective of the
cost of making the same.

Section 8.5. Inspection of System and Borrower's Books and Records. The
Authority and the Board and their duly authorized representatives and agents shall have such
reasonable rights of access to the System as may be necessary to determine whether the
Borrower is in compliance with the requirements of this Agreement and shall have the right at all
reasonable times and upon reasonable prior notice to the Borrower to examine and copy the
books and records of the Borrower insofar as such books and records relate to the System.

Section 8.6, Ownership of Land. The Borrower shall not construct, reconstruct or
install any part of the System on lands other than those which the Borrower owns or can acquire
title to or a perpetual easement over, in either case sufficient for the Borrower's purposes, unless
such part of the System is lawfully located in a public street or highway or is a main, conduit,
pipeline, main connection or facility located on land in which the Borrower has acquired a right
or interest less than a fee simple or perpetual easement and such lesser right or interest has been
approved by written opinion of counsel to the Borrower as sufficient for the Borrower's
purposes.

Section 8.7. Sale or Encumbranee. No part of the System shall be sold, exchanged,
leased, mortgaged, encumbered or otherwise disposed of except as provided in any one of the

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following subsections, or as may be otherwise consented and agreed to by the Authority in 
writing: 
 
  (a) The Borrower may grant easements, licenses or permits across, over or 
under parts of the System for streets, roads and utilities as will not adversely affect the use of the 
System; 
 
  (b) The Borrower may sell or otherwise dispose of property constituting part 
of the System if it uses the proceeds of such disposition and any other necessary funds to replace 
such property with property serving the same or a similar function; and 
 
  (c) The Borrower may sell or otherwise dispose of property constituting part 
of the System; provided, however, (i) no such property shall be sold or otherwise disposed of 
unless there is filed with the Authority a certificate of the Borrower, signed by an Authorized 
Representative, stating that such property is no longer needed or useful in the operation of the 
System, and, if the proceeds of such sale or disposition, together with the aggregate value of any 
other property sold or otherwise disposed of during the Fiscal Year, shall exceed $125,000, there 
shall also be filed with the Borrower and the Authority a certificate of the Consulting Engineer 
stating that such property is not necessary or useful to the operation of the System, and (ii) the 
proceeds to be received from any sale or disposition shall be applied first to cure any default that 
may exist in the payment of the principal of and Cost of Funds on the Local Bond, and then, if 
such property constitutes part of the Project, to the prepayment of the Local Bond under Article 
VII hereof. 
 
 Section 8.8. Collection of Revenues.  The Borrower shall use its best efforts to collect 
all rates, fees and other charges due to it, including, when appropriate, by perfecting liens on 
premises served by the System for the amount of all delinquent rates, fees and other charges 
where such action is permitted by law.  The Borrower shall, to the full extent permitted by law, 
discontinue and shut off, or cause to be discontinued and shut off, services and facilities of the 
System, and use its best efforts to cause to be shut off water service furnished otherwise than 
through the System, to customers of the System who are delinquent beyond any customary grace 
periods in the payment of rates, fees and other charges due to the Borrower. 
 
 Section 8.9. No Free Service.  The Borrower shall not permit connections with or the 
use of the System, or furnish any services afforded by the System, without making a charge 
therefor based on the Borrower’s uniform schedule of rates, fees and charges. 
 
 Section 8.10. No Competing Service.  The Borrower shall not provide, grant any 
franchise to provide or give consent for anyone else to provide, any services which would 
compete with the System. 
 
 Section 8.11. Mandatory Connection.  The Borrower shall, consistent with applicable 
law, require the owner, tenant or occupant of each lot or parcel of land which is served or may 
reasonably be served by the System and upon which lot or parcel a building shall have been 
constructed for residential, commercial or industrial use, to connect such building to the System; 
provided, however, the Borrower may permit the continued use of private systems, meeting the 

following subsections, or as may be otherwise consented and agreed to by the Authority in
writing:

(a) The Borrower may grant easements, licenses or permits across, over or
under parts of the System for streets, roads and utilities as will not adversely affect the use of the
System;

(b) The Borrower may sell or otherwise dispose of property constituting part
of the System if it uses the proceeds of such disposition and any other necessary funds to replace
such property with property serving the same or a similar function; and

(©) __ The Borrower may sell or otherwise dispose of property constituting part
of the System; provided, however, (i) no such property shall be sold or otherwise disposed of
unless there is filed with the Authority a certificate of the Borrower, signed by an Authorized
Representative, stating that such property is no longer needed or useful in the operation of the
System, and, if the proceeds of such sale or disposition, together with the aggregate value of any
other property sold or otherwise disposed of during the Fiscal Year, shall exceed $125,000, there
shall also be filed with the Borrower and the Authority a certificate of the Consulting Engineer
stating that such property is not necessary or useful to the operation of the System, and (ii) the
proceeds to be received from any sale or disposition shall be applied first to cure any default that
may exist in the payment of the principal of and Cost of Funds on the Local Bond, and then, if
such property constitutes part of the Project, to the prepayment of the Local Bond under Article
VII hereof.

Section 8.8. Collection of Revenues. The Borrower shall use its best efforts to collect
all rates, fees and other charges due to it, including, when appropriate, by perfecting liens on
premises served by the System for the amount of all delinquent rates, fees and other charges
where such action is permitted by law. The Borrower shall, to the full extent permitted by law,
discontinue and shut off, or cause to be discontinued and shut off, services and facilities of the
System, and use its best efforts to cause to be shut off water service furnished otherwise than
through the System, to customers of the System who are delinquent beyond any customary grace
periods in the payment of rates, fees and other charges due to the Borrower.

Section 8.9. No Free Service. The Borrower shall not permit connections with or the
use of the System, or furnish any services afforded by the System, without making a charge
therefor based on the Borrower's uniform schedule of rates, fees and charges.

Section 8.10. No Competing Service. The Borrower shall not provide, grant any
franchise to provide or give consent for anyone else to provide, any services which would
compete with the System.

Section 8.11. Mandatory Connection, The Borrower shall, consistent with applicable
law, require the owner, tenant or occupant of each lot or parcel of land which is served or may
reasonably be served by the System and upon which lot or parcel a building shall have been
constructed for residential, commercial or industrial use, to connect such building to the System;
provided, however, the Borrower may permit the continued use of private systems, meeting the

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standards of the Board, by any such building already in existence at the time the services of the 
System become available to it upon such conditions as may be specified by the Borrower. 
 
 Section 8.12. Lawful Charges.  The Borrower shall pay when due all taxes, fees, 
assessments, levies and other governmental charges of any kind whatsoever (collectively, the 
“Governmental Charges”) which are (i) assessed, levied or imposed against the System or the 
Borrower’s interest in it, or (ii) incurred in the operation, maintenance, use and occupancy of the 
System.  The Borrower shall pay or cause to be discharged, or shall make adequate provision to 
pay or discharge, all lawful claims and demands for labor, materials, supplies or other objects 
which, if unpaid, might by law become a lien upon all or any part of the System or the Revenues 
(collectively, the “Mechanics’ Charges”).  The Borrower, however, after giving the Authority ten 
(10) days’ notice of its intention to do so, at its own expense and in its own name, may contest in 
good faith any Governmental Charges or Mechanics’ Charges.  If such a contest occurs, the 
Borrower may permit the same to remain unpaid during the period of the contest and any 
subsequent appeal unless, in the reasonable opinion of the Authority, such action may impair the 
lien on Revenues granted by this Agreement, in which event, such Governmental Charges or 
Mechanics’ Charges promptly shall be satisfied or secured by posting with the Authority or an 
appropriate court a bond in form and amount reasonably satisfactory to the Authority.  Upon 
request, the Borrower shall furnish to the Authority proof of payment of all Governmental 
Charges and the Mechanics’ Charges required to be paid by the Borrower under this Agreement. 

 
ARTICLE IX 

INSURANCE, DAMAGE AND DESTRUCTION 
 
 Section 9.1. Insurance.  Unless the Authority otherwise agrees in writing, the 
Borrower continuously shall maintain or cause to be maintained insurance against such risks as 
are customarily insured against by public bodies operating systems similar in size and character 
to the System, including, without limitation: 
 
  (a) Insurance in the amount of the full replacement cost of the System’s 
insurable portions against loss or damage by fire and lightning, with broad form extended 
coverage endorsements covering damage by windstorm, explosion, aircraft, smoke, sprinkler 
leakage, vandalism, malicious mischief and such other risks as are normally covered by such 
endorsements (limited only as may be provided in the standard form of such endorsements at the 
time in use in Virginia); provided that during the construction of the Project, the Borrower may 
provide or cause to be provided, in lieu of the insurance in the amount of the full replacement 
cost of the Project, builders’ risk or similar types of insurance in the amount of the full 
replacement cost thereof.  The determination of replacement cost shall be made by a recognized 
appraiser or insurer selected by the Borrower and reasonably acceptable to the Authority. 
 
  (b) Comprehensive general liability insurance with a combined single limit of 
$2,000,000 per year against liability for bodily injury, including death resulting therefrom, and 
for damage to property, including loss of use thereof, arising out of the ownership, maintenance, 
operation or use of the System. 
 

standards of the Board, by any such building already in existence at the time the services of the
System become available to it upon such conditions as may be specified by the Borrower.

Section 8.12. Lawful Charges. The Borrower shall pay when due all taxes, fees,
assessments, levies and other governmental charges of any kind whatsoever (collectively, the
“Governmental Charges”) which are (i) assessed, levied or imposed against the System or the
Borrower's interest in it, or (ii) incurred in the operation, maintenance, use and occupancy of the
System, The Borrower shall pay or cause to be discharged, or shall make adequate provision to
pay or discharge, all lawful claims and demands for labor, materials, supplies or other objects
which, if unpaid, might by law become a lien upon all or any part of the System or the Revenues
(collectively, the “Mechanics’ Charges”). The Borrower, however, after giving the Authority ten
(10) days’ notice of its intention to do so, at its own expense and in its own name, may contest in
good faith any Governmental Charges or Mechanics’ Charges. If such a contest occurs, the
Borrower may permit the same to remain unpaid during the period of the contest and any
subsequent appeal unless, in the reasonable opinion of the Authority, such action may impair the
lien on Revenues granted by this Agreement, in which event, such Governmental Charges or
Mechanics’ Charges promptly shall be satisfied or secured by posting with the Authority or an
appropriate court a bond in form and amount reasonably satisfactory to the Authority. Upon
request, the Borrower shall furnish to the Authority proof of payment of all Governmental
Charges and the Mechanics’ Charges required to be paid by the Borrower under this Agreement.

ARTICLE IX
INSURANCE, DAMAGE AND DESTRUCTION

Section 9.1, Insurance. Unless the Authority otherwise agrees in writing, the
Borrower continuously shall maintain or cause to be maintained insurance against such risks as
are customarily insured against by public bodies operating systems similar in size and character
to the System, including, without limitation:

(a) Insurance in the amount of the full replacement cost of the System’s
insurable portions against loss or damage by fire and lightning, with broad form extended
coverage endorsements covering damage by windstorm, explosion, aircraft, smoke, sprinkler
leakage, vandalism, malicious mischief and such other risks as are normally covered by such
endorsements (limited only as may be provided in the standard form of such endorsements at the
time in use in Virginia); provided that during the construction of the Project, the Borrower may
provide or cause to be provided, in lieu of the insurance in the amount of the full replacement
cost of the Project, builders’ risk or similar types of insurance in the amount of the full
replacement cost thereof. The determination of replacement cost shall be made by a recognized
appraiser or insurer selected by the Borrower and reasonably acceptable to the Authority.

(b) Comprehensive general liability insurance with a combined single limit of
$2,000,000 per year against liability for bodily injury, including death resulting therefrom, and
for damage to property, including loss of use thereof, arising out of the ownership, maintenance,
operation or use of the System.

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  (c) Unless the Borrower qualifies as a self-insurer under the laws of Virginia, 
workers’ compensation insurance. 
 
 The Authority shall not have any responsibility or obligation with respect to (i) the 
procurement or maintenance of insurance or the amounts or the provisions with respect to 
policies of insurance, or (ii) the application of the proceeds of insurance. 
 
 The Borrower shall provide no less often than annually and upon the written request of 
the Authority a certificate or certificates of the respective insurers evidencing the fact that the 
insurance required by this Section is in full force and effect. 
 
 Section 9.2. Requirements of Policies.  All insurance required by Section 9.1 shall be 
maintained with generally recognized, responsible insurance companies selected by the 
Borrower and reasonably acceptable to the Authority.  Such insurance may be written with 
deductible amounts comparable to those on similar policies carried by other utility systems of 
like size and character to the System and shall contain an undertaking by the insurer that such 
policy shall not be modified adversely to the interests of, or canceled without at least thirty (30) 
days' prior notice to, the Authority.  If any such insurance is not maintained with an insurer 
licensed to do business in Virginia or placed pursuant to the requirements of the Virginia Surplus 
Lines Insurance Law (Chapter 48, Title 38.2, Code of Virginia of 1950, as amended) or any 
successor provision of law, the Borrower shall provide evidence reasonably satisfactory to the 
Authority that such insurance is enforceable under Virginia law. 
 
 Section 9.3. Notice of Damage, Destruction and Condemnation.  In the case of 
(i) any damage to or destruction of any material part of the System, (ii) a taking of all or any part 
of the System or any right therein under the exercise of the power of eminent domain, (iii) any 
loss of the System because of failure of title, or (iv) the commencement of any proceedings or 
negotiations which might result in such a taking or loss, the Borrower shall give prompt notice 
thereof to the Authority describing generally the nature and extent of such damage, destruction, 
taking, loss, proceedings or negotiations. 
 
 Section 9.4. Damage and Destruction.  If all or any part of the System is destroyed or 
damaged by fire or other casualty, and the Borrower shall not have exercised its option to prepay 
in full the Local Bond pursuant to Article VII, the Borrower shall restore promptly the property 
damaged or destroyed to substantially the same condition as before such damage or destruction, 
with such alterations and additions as the Borrower may determine and which will not impair the 
capacity or character of the System for the purpose for which it then is being used or is intended 
to be used.  The Borrower may apply so much as may be necessary of the Net Proceeds of 
insurance received on account of any such damage or destruction to payment of the cost of such 
restoration, either on completion or as the work progresses.  If such Net Proceeds are not 
sufficient to pay in full the cost of such restoration, the Borrower shall pay so much of the cost as 
may be in excess of such Net Proceeds.  If the Net Proceeds are derived from property 
constituting part of the Project, any balance of such Net Proceeds remaining after payment of the 
cost of such restoration shall promptly be applied to prepayment of the Local Bond pursuant to 
Article VII. 
 

(©) __ Unless the Borrower qualifies as a self-insurer under the laws of Virginia,
workers’ compensation insurance.

The Authority shall not have any responsibility or obligation with respect to (i) the
procurement or maintenance of insurance or the amounts or the provisions with respect to
policies of insurance, or (ii) the application of the proceeds of insurance.

‘The Borrower shall provide no less often than annually and upon the written request of
the Authority a certificate or certificates of the respective insurers evidencing the fact that the
insurance required by this Section is in full force and effect.

Section 9.2, Requirements of Policies. All insurance required by Section 9.1 shall be
maintained with generally recognized, responsible insurance companies selected by the
Borrower and reasonably acceptable to the Authority. Such insurance may be written with
deductible amounts comparable to those on similar policies carried by other utility systems of
like size and character to the System and shall contain an undertaking by the insurer that such
policy shall not be modified adversely to the interests of, or canceled without at least thirty (30)
days’ prior notice to, the Authority. If any such insurance is not maintained with an insurer
licensed to do business in Virginia or placed pursuant to the requirements of the Virginia Surplus
Lines Insurance Law (Chapter 48, Title 38.2, Code of Virginia of 1950, as amended) or any
successor provision of law, the Borrower shall provide evidence reasonably satisfactory to the
‘Authority that such insurance is enforceable under Virginia law.

Section 9.3, Notice of Damage, Destruction and Condemnation, In the case of
(i) any damage to or destruction of any material part of the System, (ii) a taking of all or any part
of the System or any right therein under the exercise of the power of eminent domain, (iii) any
loss of the System because of failure of title, or (iv) the commencement of any proceedings or
negotiations which might result in such a taking or loss, the Borrower shall give prompt notice
thereof to the Authority describing generally the nature and extent of such damage, destruction,
taking, loss, proceedings or negotiations.

Section 9.4. Damage and Destruction, If all or any part of the System is destroyed or
damaged by fire or other casualty, and the Borrower shall not have exercised its option to prepay
in full the Local Bond pursuant to Article VII, the Borrower shall restore promptly the property
damaged or destroyed to substantially the same condition as before such damage or destruction,
with such alterations and additions as the Borrower may determine and which will not impair the
capacity or character of the System for the purpose for which it then is being used or is intended
to be used. The Borrower may apply so much as may be necessary of the Net Proceeds of
insurance received on account of any such damage or destruction to payment of the cost of such
restoration, either on completion or as the work progresses. If such Net Proceeds are not
sufficient to pay in full the cost of such restoration, the Borrower shall pay so much of the cost as
may be in excess of such Net Proceeds. If the Net Proceeds are derived from property
constituting part of the Project, any balance of such Net Proceeds remaining after payment of the
cost of such restoration shall promptly be applied to prepayment of the Local Bond pursuant to
Article VIL.

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 Section 9.5. Condemnation and Loss of Title.  If title to or the temporary use of all or 
any part of the System shall be taken under the exercise of the power of eminent domain or lost 
because of failure of title, and the Borrower shall not have exercised its option to prepay in full 
the Local Bond pursuant to Article VII, the Borrower shall cause the Net Proceeds from any such 
condemnation award or from title insurance to be applied to the restoration of the System to 
substantially its condition before the exercise of such power of eminent domain or failure of title.  
If such Net Proceeds are not sufficient to pay in full the cost of such restoration, the Borrower 
shall pay so much of the cost as may be in excess of such Net Proceeds.  If the Net Proceeds are 
derived from property constituting part of the Project, any balance of such Net Proceeds 
remaining after payment of the cost of such restoration shall promptly be applied to prepayment 
of the Local Bond pursuant to Article VII. 
  

ARTICLE X 
SPECIAL COVENANTS 

 
 Section 10.1. Maintenance of Existence.  The Borrower shall maintain its existence as 
a “local government” (as defined in the Act) of the Commonwealth of Virginia and, without 
consent of the Authority and the Board, shall not dissolve or otherwise dispose of all or 
substantially all of its assets or consolidate or merge with or into another entity.  Notwithstanding 
the foregoing, the Borrower may consolidate or merge with or into, or sell or otherwise transfer 
all or substantially all of its assets to a political subdivision of the Commonwealth of Virginia, 
and the Borrower thereafter may dissolve, if the surviving, resulting or transferee political 
subdivision, if other than the Borrower, assumes, in written form acceptable to the Authority and 
the Board, all of the obligations of the Borrower contained in the Local Bond and this 
Agreement, and there is furnished to the Authority and the Board an Opinion of Counsel 
acceptable to the Authority and the Board subject to customary exceptions and qualifications, to 
the effect that such assumption constitutes the legal, valid and binding obligation of the 
surviving, resulting or transferee political subdivision enforceable against it in accordance with 
its terms. 
 
 Section 10.2. Financial Records and Statements.  The Borrower shall maintain proper 
books of record and account in which proper entries shall be made in accordance with generally 
accepted government accounting standards, consistently applied, of all its business and affairs 
related to the System.  The Borrower shall have an annual audit of the financial condition of the 
Borrower (and at the reasonable request of the Authority, of the System) made by an independent 
certified public accountant, within one hundred and eighty (180) days after the end of each Fiscal 
Year.  The annual audit shall include a supplemental schedule demonstrating whether the Borrower 
during such Fiscal Year satisfied the rate covenant made by the Borrower in Section 5.1(a).  The 
Borrower shall furnish to the Authority copies of such report immediately after it is accepted by 
the Borrower.  Such report shall include statements in reasonable detail, certified by such 
accountant, reflecting the Borrower’s financial position as of the end of such Fiscal Year and the 
results of the Borrower’s operations and changes in the financial position of its funds for the 
Fiscal Year.   
 

Section 9.5. Condemnation and Loss of Title. If title to or the temporary use of all or
any part of the System shalll be taken under the exercise of the power of eminent domain or lost
because of failure of title, and the Borrower shall not have exercised its option to prepay in full
the Local Bond pursuant to Article VII, the Borrower shall cause the Net Proceeds from any such
condemnation award or from title insurance to be applied to the restoration of the System to
substantially its condition before the exercise of such power of eminent domain or failure of title
If such Net Proceeds are not sufficient to pay in full the cost of such restoration, the Borrower
shall pay so much of the cost as may be in excess of such Net Proceeds. If the Net Proceeds are
derived from property constituting part of the Project, any balance of such Net Proceeds
remaining after payment of the cost of such restoration shall promptly be applied to prepayment
of the Local Bond pursuant to Article VIL

ARTICLE X.
SPECIAL COVENANTS

Section 10.1. Maintenance of Existence, The Borrower shall maintain its existence as
a “local government” (as defined in the Act) of the Commonwealth of Virginia and, without
consent of the Authority and the Board, shall not dissolve or otherwise dispose of all or
substantially all of its assets or consolidate or merge with or into another entity. Notwithstanding
the foregoing, the Borrower may consolidate or merge with or into, or sell or otherwise transfer
all or substantially all of its assets to a political subdivision of the Commonwealth of Virginia,
and the Borrower thereafter may dissolve, if the surviving, resulting or transferee political
subdivision, if other than the Borrower, assumes, in written form acceptable to the Authority and
the Board, all of the obligations of the Borrower contained in the Local Bond and this
‘Agreement, and there is furnished to the Authority and the Board an Opinion of Counsel
acceptable to the Authority and the Board subject to customary exceptions and qualifications, to
the effect that such assumption constitutes the legal, valid and binding obligation of the
surviving, resulting or transferee political subdivision enforceable against it in accordance with
its terms.

Section 10.2. Financial Records and Statements. The Borrower shall maintain proper
books of record and account in which proper entries shall be made in accordance with generally
accepted government accounting standards, consistently applied, of all its business and affairs
related to the System, The Borrower shall have an annual audit of the financial condition of the
Borrower (and at the reasonable request of the Authority, of the System) made by an independent
certified public accountant, within one hundred and eighty (180) days after the end of each Fiscal
Year. The annual audit shall include a supplemental schedule demonstrating whether the Borrower
during such Fiscal Year satisfied the rate covenant made by the Borrower in Section 5.1(a). The
Borrower shall furnish to the Authority copies of such report immediately after it is accepted by
the Borrower. Such report shall include statements in reasonable detail, certified by such
accountant, reflecting the Borrower's financial position as of the end of such Fiscal Year and the
results of the Borrower's operations and changes in the financial position of its funds for the
Fiscal Year.

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 Section 10.3. Certificate as to No Default.  The Borrower shall deliver to the 
Authority, within one hundred and eighty (180) days after the close of each Fiscal Year, a 
certificate signed by an Authorized Representative stating that, during such year and as of the 
date of such certificate, no event or condition has happened or existed, or is happening or 
existing, which constitutes an Event of Default or a Default, or if such an event or condition has 
happened or existed, or is happening or existing, specifying the nature and period of such event 
or condition and what action the Borrower has taken, is taking or proposes to take to rectify it. 
 
 Section 10.4. Additional Indebtedness.  The Borrower shall not incur any indebtedness 
or issue any bonds, notes or other evidences of indebtedness secured by or payable from a pledge 
of Revenues, except Subordinate Bonds or Parity Bonds. 
 
 Section 10.5. Parity Bonds.  Provided the Borrower is not in default hereunder, the 
Borrower may issue bonds, notes or other evidences of indebtedness (“Parity Bonds”) ranking on 
parity with the Local Bond with respect to the pledge of Revenues to (i) pay Project Costs to 
complete the Project, (ii) pay the cost of improvements, additions, extensions, replacements, 
equipment or betterments and of any property, rights or easements deemed by the Borrower to be 
necessary, useful or convenient for the System, (iii) refund some or all of the Local Bond, Parity 
Bonds, Existing Parity Bonds or Prior Bonds, or (iv) effect some combination of (i), (ii) and (iii); 
provided in each case the following conditions are satisfied.  Except to the extent otherwise 
consented and agreed to by the Authority in writing, before any Parity Bonds are issued or 
delivered, the Borrower shall deliver to the Authority the following: 
 
  (a) Certified copies of all resolutions and ordinances of the Borrower 
authorizing the issuance of the Parity Bonds. 
 
  (b) A certificate of an appropriate official of the Borrower setting forth the 
purposes for which the Parity Bonds are to be issued and the manner in which the Borrower will 
apply the proceeds from the issuance and sale of the Parity Bonds. 
 
  (c) If the Parity Bonds are authorized for any purpose other than the refunding 
of the Local Bond, Parity Bonds, Existing Parity Bonds or Prior Bonds, in form and substance 
satisfactory to the Authority, a certificate of the Consulting Engineer, or with respect to subsection 
(iv)(C) below, a certificate, including supporting documentation, of the Qualified Independent 
Consultant, to the effect that in the opinion of the Consulting Engineer or Qualified Independent 
Consultant, as applicable, (i) the improvements or property to which the proceeds from the 
issuance of the Parity Bonds are to be applied will be a part of the System, (ii) the funds 
available to the Borrower from the issuance of the Parity Bonds and other specified sources will 
be sufficient to pay the estimated cost of such improvements or property, (iii) the period of time 
which will be required to complete such improvements or acquire such property, and (iv) (A) the 
Parity Bond proceeds are necessary to complete the Project, (B) the failure to make such 
improvements or acquire or construct such property will result in an interruption or reduction of 
Revenues, or (C) during the first two complete Fiscal Years following completion of the 
improvements or the acquisition of the property financed with the proceeds of the Parity Bonds, 
the projected Net Revenues Available for Debt Service (excluding any amounts made available 
by the County pursuant to the Support Agreement) will equal at least 100% of the amount 

Section 10.3. Certificate as to No Default. The Borrower shalll deliver to the
Authority, within one hundred and eighty (180) days after the close of each Fiscal Year, a
certificate signed by an Authorized Representative stating that, during such year and as of the
date of such certificate, no event or condition has happened or existed, or is happening or
existing, which constitutes an Event of Default or a Default, or if such an event or condition has
happened or existed, or is happening or existing, specifying the nature and period of such event
or condition and what action the Borrower has taken, is taking or proposes to take to rectify it.

Section 10.4. Additional Indebtedness. The Borrower shall not incur any indebtedness
or issue any bonds, notes or other evidences of indebtedness secured by or payable from a pledge
of Revenues, except Subordinate Bonds or Parity Bonds.

Section 10.5. Parity Bonds, Provided the Borrower is not in default hereunder, the
Borrower may issue bonds, notes or other evidences of indebtedness (“Parity Bonds”) ranking on
parity with the Local Bond with respect to the pledge of Revenues to (i) pay Project Costs to
complete the Project, (ii) pay the cost of improvements, additions, extensions, replacements,
equipment or betterments and of any property, rights or easements deemed by the Borrower to be
necessary, usefull or convenient for the System, (iii) refund some or all of the Local Bond, Parity
Bonds, Existing Parity Bonds or Prior Bonds, or (iv) effect some combination of (i), (ii) and (iii):
provided in each case the following conditions are satisfied. Except to the extent otherwise
consented and agreed to by the Authority in writing, before any Parity Bonds are issued or
delivered, the Borrower shall deliver to the Authority the following:

(a) Certified copies of all resolutions and ordinances of the Borrower
authorizing the issuance of the Parity Bonds.

(b) A certificate of an appropriate official of the Borrower setting forth the
purposes for which the Parity Bonds are to be issued and the manner in which the Borrower will
apply the proceeds from the issuance and sale of the Parity Bonds.

(©) _ Ifthe Parity Bonds are authorized for any purpose other than the refunding
of the Local Bond, Parity Bonds, Existing Parity Bonds or Prior Bonds, in form and substance
satisfactory to the Authority, a certificate of the Consulting Engineer, or with respect to subsection
(iv(©) below, a certificate, including supporting documentation, of the Qualified Independent
Consultant, to the effect that in the opinion of the Consulting Engineer or Qualified Independent
Consultant, as applicable, (i) the improvements or property to which the proceeds from the
issuance of the Parity Bonds are to be applied will be a part of the System, (ii) the funds
ayailable to the Borrower from the issuance of the Parity Bonds and other specified sources will
be sufficient to pay the estimated cost of such improvements or property, (iii) the period of time
which will be required to complete such improvements or acquire such property, and (iv) (A) the
Parity Bond proceeds are necessary to complete the Project, (B) the failure to make such
improvements or acquire or construct such property will result in an interruption or reduction of
Revenues, or (C) during the first two complete Fiscal Years following completion of the
improvements or the acquisition of the property financed with the proceeds of the Parity Bonds,
the projected Net Revenues Available for Debt Service (excluding any amounts made available
by the County pursuant to the Support Agreement) will equal at least 100% of the amount

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required during each such Fiscal Year to pay any and all amounts due under the Local Bond, this 
Agreement, the Parity Bonds, any Existing Parity Bonds or Prior Bonds, and all other 
indebtedness of the Borrower secured by or payable from Revenues, including without 
limitation, indebtedness under leases which are treated as capital leases under generally accepted 
accounting principles.  In providing this certificate, as applicable, the Qualified Independent 
Consultant may take into consideration future System rate increases, provided that such rate 
increases have been duly approved by the governing body of the Borrower and any other person and 
entity required to give approval for the rate increase to become effective.  In addition, the Qualified 
Independent Consultant may take into consideration additional future revenues of the System to be 
derived under then existing contractual agreements entered into by the Borrower and from 
reasonable estimates of growth in the customer base of the Borrower. 
 
  (d) If the Parity Bonds are authorized solely to refund the Local Bond (with the 
consent of the Authority), Existing Parity Bonds, Parity Bonds or Prior Bonds, either (i) a 
certificate, including supporting documentation, of a Qualified Independent Consultant satisfactory 
to the Authority that the refunding Parity Bonds will have annual debt service requirements in each 
of the years the Local Bond, Existing Parity Bonds, Parity Bonds or Prior Bonds to be refunded 
would have been outstanding which are lower than the annual debt service requirements in each 
such year on the Local Bond, Existing Parity Bonds, Parity Bonds or the Prior Bonds to be 
refunded, or (ii) a certificate, including supporting documentation, of the Qualified Independent 
Consultant to the effect that during the first two complete Fiscal Years following the issuance of 
the refunding Parity Bonds, the projected Net Revenues Available for Debt Service (excluding 
any amounts made available by the County pursuant to the Support Agreement) will equal at 
least 100% of the amount required during each such Fiscal Year to pay any and all amounts due 
under the Local Bond, this Agreement, the Parity Bonds, any Existing Parity Bonds or Prior 
Bonds, and all other indebtedness of the Borrower secured by or payable from Revenues, 
including without limitation, indebtedness under leases which are treated as capital leases under 
generally accepted accounting principles.  In providing the certificate described in clause (ii), the 
Qualified Independent Consultant may take into account the factors described in the last two 
sentences of subsection (c) of this Section. 
 
  (e) An Opinion of Counsel satisfactory to the Authority subject to customary 
exceptions and qualifications, approving the form of the resolution authorizing the issuance of 
the Parity Bonds and stating that its terms and provisions conform with the requirements of this 
Agreement and that the certificates and documents delivered to the Authority constitute 
compliance with the provisions of this Section. 
 
 Section 10.6. Further Assurances.  The Borrower shall to the fullest extent permitted 
by law pass, make, do, execute, acknowledge and deliver such further resolutions, acts, deeds, 
conveyances, assignments, transfers and assurances as may be necessary or desirable for the 
better assuring, conveying, granting, assigning and confirming the rights, Revenues and other 
funds pledged or assigned by this Agreement, or as may be required to carry out the purposes of 
this Agreement.  The Borrower shall at all times, to the fullest extent permitted by law, defend, 
preserve and protect the pledge of the Revenues and other funds pledged under this Agreement 
and all rights of the Authority and the Board under this Agreement against all claims and 
demands of all persons. 

required during each such Fiscal Year to pay any and all amounts due under the Local Bond, this
Agreement, the Parity Bonds, any Existing Parity Bonds or Prior Bonds, and all other
indebtedness of the Borrower secured by or payable from Revenues, including without
limitation, indebtedness under leases which are treated as capital leases under generally accepted
accounting principles. In providing this certificate, as applicable, the Qualified Independent
Consultant may take into consideration future System rate increases, provided that such rate
increases have been duly approved by the governing body of the Borrower and any other person and
entity required to give approval for the rate increase to become effective. In addition, the Qualified
Independent Consultant may take into consideration additional future revenues of the System to be
derived under then existing contractual agreements entered into by the Borrower and from
reasonable estimates of growth in the customer base of the Borrower.

(@) Ifthe Parity Bonds are authorized solely to refund the Local Bond (with the
consent of the Authority), Existing Parity Bonds, Parity Bonds or Prior Bonds, either (i) a
certificate, including supporting documentation, of a Qualified Independent Consultant satisfactory
to the Authority that the refunding Parity Bonds will have annual debt service requirements in each
of the years the Local Bond, Existing Parity Bonds, Parity Bonds or Prior Bonds to be refunded
would have been outstanding which are lower than the annual debt service requirements in each
such year on the Local Bond, Existing Parity Bonds, Parity Bonds or the Prior Bonds to be
refunded, or (ii) a certificate, including supporting documentation, of the Qualified Independent
Consultant to the effect that during the first two complete Fiscal Years following the issuance of
the refunding Parity Bonds, the projected Net Revenues Available for Debt Service (excluding
any amounts made available by the County pursuant to the Support Agreement) will equal at
least 100% of the amount required during each such Fiscal Year to pay any and all amounts due
under the Local Bond, this Agreement, the Parity Bonds, any Existing Parity Bonds or Prior
Bonds, and all other indebtedness of the Borrower secured by or payable from Revenues,
including without limitation, indebtedness under leases which are treated as capital leases under
generally accepted accounting principles. In providing the certificate described in clause (ii), the
Qualified Independent Consultant may take into account the factors described in the last two
sentences of subsection (c) of this Section.

(€) An Opinion of Counsel satisfactory to the Authority subject to customary
exceptions and qualifications, approving the form of the resolution authorizing the issuance of
the Parity Bonds and stating that its terms and provisions conform with the requirements of this,
Agreement and that the certificates and documents delivered to the Authority constitute
compliance with the provisions of this Section.

Section 10.6. Further Assurances. The Borrower shall to the fullest extent permitted
by law pass, make, do, execute, acknowledge and deliver such further resolutions, acts, deeds,
conveyances, assignments, transfers and assurances as may be necessary or desirable for the
better assuring, conveying, granting, assigning and confirming the rights, Revenues and other
funds pledged or assigned by this Agreement, or as may be required to carry out the purposes of
this Agreement. The Borrower shall at all times, to the fullest extent permitted by law, defend,
preserve and protect the pledge of the Revenues and other funds pledged under this Agreement
and all rights of the Authority and the Board under this Agreement against all claims and
demands of all persons.

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 Section 10.7. Other Indebtedness.  The Borrower agrees to pay when due all amounts 
required by any other bonded indebtedness and to perform all of its obligations in connection 
therewith. 
 
 Section 10.8. Assignment by Borrower.  The Borrower may not assign its rights under 
this Agreement without the prior written consent of the Authority and the Board.  If the 
Borrower desires to assign its rights under this Agreement to another “local government” (as 
defined in the Act), the Borrower shall give notice of such fact to the Authority and the Board.  If 
the Authority and the Board consent to the proposed assignment, the Borrower may proceed with 
the proposed assignment, but such assignment shall not become effective until the Authority and 
the Board are furnished (i) an assumption agreement in form and substance satisfactory to the 
Authority and the Board by which the assignee agrees to assume all of the Borrower’s 
obligations under the Local Bond and this Agreement, and (ii) an Opinion of Counsel to the 
assignee, subject to customary exceptions and qualifications, that the assumption agreement, the 
Local Bond and this Agreement constitute legal, valid and binding obligations of the assignee 
enforceable against the assignee in accordance with their terms and that the assignment and 
assumption comply in all respects with the provisions of this Agreement.  Notwithstanding the 
foregoing, the assignment of the rights of the Borrower under the Local Bond and this 
Agreement or the assumption of the obligations thereunder by the assignee shall in no way be 
construed as releasing the Borrower’s obligations. 
 

Section 10.9.  Continuing Disclosure Obligations.  (a) For purposes of this Section, 
the following terms and phrases shall have the following meaning: 

 
“Annual Financial Information” with respect to any Fiscal Year for the Borrower, 

means the following: 
(i) the financial statements (consisting of at least a balance sheet and 

statement of revenues and expenses) of the System, or, if not available, the 
financial statements (consisting of at least a balance sheet and a statement of 
revenues and expenses) of the Borrower, which financial statements must be (A) 
prepared annually in accordance with generally accepted accounting principles in 
effect from time to time consistently applied (provided that nothing in this clause 
(A) will prohibit the Borrower after the date of this Agreement from changing 
such other principles so as to comply with generally accepted accounting 
principles as then in effect or to comply with a change in applicable law) and (B) 
audited by an independent certified public accountant or firm of such accountants 
in accordance with generally accepted auditing standards as in effect from time to 
time (provided that if audited financial statements are not available for filing 
when required by this Section or the Rule (as defined herein), unaudited financial 
statements will be filed and audited financial statements will be filed as soon as 
possible thereafter); and 
 
(ii) operating data of the type set forth in Exhibit H. 
 

Section 10.7. Other Indebtedness. The Borrower agrees to pay when due all amounts
required by any other bonded indebtedness and to perform all of its obligations in connection
therewith.

Section 10.8. Assignment by Borrower. The Borrower may not assign its rights under
this Agreement without the prior written consent of the Authority and the Board. If the
Borrower desires to assign its rights under this Agreement to another “local government” (as
defined in the Act), the Borrower shall give notice of such fact to the Authority and the Board. If
the Authority and the Board consent to the proposed assignment, the Borrower may proceed with
the proposed assignment, but such assignment shall not become effective until the Authority and
the Board are furnished (i) an assumption agreement in form and substance satisfactory to the
Authority and the Board by which the assignee agrees to assume all of the Borrower's
obligations under the Local Bond and this Agreement, and (ii) an Opinion of Counsel to the
assignee, subject to customary exceptions and qualifications, that the assumption agreement, the
Local Bond and this Agreement constitute legal, valid and binding obligations of the assignee
enforceable against the assignee in accordance with their terms and that the assignment and
assumption comply in all respects with the provisions of this Agreement. Notwithstanding the
foregoing, the assignment of the rights of the Borrower under the Local Bond and this
Agreement or the assumption of the obligations thereunder by the assignee shall in no way be
construed as releasing the Borrower's obligations.

Section 10.9. Continuing Disclosure Obligations. (a) For purposes of this Section,
the following terms and phrases shall have the following meaning:

“Annual Financial Information” with respect to any Fiscal Year for the Borrower,
means the following:

(i) __ the financial statements (consisting of at least a balance sheet and
statement of revenues and expenses) of the System, or, if not available, the
financial statements (consisting of at least a balance sheet and a statement of
revenues and expenses) of the Borrower, which financial statements must be (A)
prepared annually in accordance with generally accepted accounting principles in
effect from time to time consistently applied (provided that nothing in this clause
(A) will prohibit the Borrower after the date of this Agreement from changing
such other principles so as to comply with generally accepted accounting
principles as then in effect or to comply with a change in applicable law) and (B)
audited by an independent certified public accountant or firm of such accountants
in accordance with generally accepted auditing standards as in effect from time to
time (provided that if audited financial statements are not available for filing
when required by this Section or the Rule (as defined herein), unaudited financial
statements will be filed and audited financial statements will be filed as soon as
possible thereafter); and

(ii) operating data of the type set forth in Exhibit H.

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 - 23 - 

“Dissemination Agent” shall mean any person, reasonably acceptable to the 
Authority, whom the Borrower contracts in writing to perform its obligations as provided in 
subsection (b) of this Section. 

 
“Leveraging Bonds” means the bonds and other evidences of indebtedness issued 

and sold by the Authority pursuant to the Virginia Resources Authority Act, Chapter 21, Title 
62.1 of the Code of Virginia (1950), as amended, the Act, and any successor provisions of law, 
including without limitation the bonds and other evidences of indebtedness issued by the 
Authority under the Second Amended and Restated Master Indenture of Trust dated as of 
September 1, 2020, between the Authority and U.S. Bank Trust Company, National Association, 
as trustee, as supplemented and amended. 

  
“Local Government” shall have the meaning set forth in Section 62.1-199 of the 

Code of Virginia of 1950, as amended. 
 
“Local Obligations” shall mean any bonds, notes, debentures, interim certificates, 

bond, grant or revenue anticipation notes, leases or any other evidences of indebtedness of a 
Local Government evidencing a loan made by the Authority to a Local Government from the 
Fund or the proceeds of Leveraging Bonds. 

 
“Make Public” or “Made Public” shall have the meaning set forth in subsection 

(c) of this Section. 
 
“Material Local Government” shall mean a Local Government that satisfies a set 

of objective criteria established by the Authority at the time of sale of each series of Leveraging 
Bonds and based on the level of participation of each Local Government in the aggregate 
outstanding principal amount of all Local Obligations.  For all Leveraging Bonds currently 
outstanding as of the date of this Agreement, a Material Local Government is any Local 
Government whose aggregate outstanding principal amount of Local Obligations represents 
twenty percent (20%) or more of the aggregate outstanding principal amount of all Local 
Obligations. 

 
“Rule” means Rule 15c2-12, as it may be amended from time to time, under the 

Securities Exchange Act of 1934 and any similar rules of the SEC relating to disclosure 
requirements in the offering and sale of municipal securities, all as in effect from time to time. 

 
“SEC” means the U.S. Securities and Exchange Commission. 
  

(b) The Borrower shall Make Public or cause to be Made Public: 
 
(1) Within 270 days after the end of the Borrower’s Fiscal Year (commencing 

with the Fiscal Year in which the Closing Date occurs), Annual Financial Information for 
such Fiscal Year as of the end of which the Borrower constitutes a Material Local 
Government.  Annual Financial Information may be set forth in the documents Made 
Public or may be included by reference in a document Made Public to any document 
previously filed with the SEC.  If the document referred to is a final official statement 

“Dissemination Agent” shall mean any person, reasonably acceptable to the
Authority, whom the Borrower contracts in writing to perform its obligations as provided in
subsection (b) of this Section.

“Leveraging Bonds” means the bonds and other evidences of indebtedness issued
and sold by the Authority pursuant to the Virginia Resources Authority Act, Chapter 21, Title
62.1 of the Code of Virginia (1950), as amended, the Act, and any successor provisions of law,
including without limitation the bonds and other evidences of indebtedness issued by the
Authority under the Second Amended and Restated Master Indenture of Trust dated as of
September 1, 2020, between the Authority and U.S. Bank Trust Company, National Association,
as trustee, as supplemented and amended

“Local Government” shall have the meaning set forth in Section 62.1-199 of the
Code of Virginia of 1950, as amended.

“Local Obligations” shall mean any bonds, notes, debentures, interim certificates,
bond, grant or revenue anticipation notes, leases or any other evidences of indebtedness of a
Local Government evidencing a loan made by the Authority to a Local Government from the
Fund or the proceeds of Leveraging Bonds.

“Make Public” or “Made Public” shall have the meaning set forth in subsection
(0) of this Section.

“Material Local Government” shall mean a Local Government that satisfies a set
of objective criteria established by the Authority at the time of sale of each series of Leveraging
Bonds and based on the level of participation of each Local Government in the aggregate
outstanding principal amount of all Local Obligations. For all Leveraging Bonds currently
outstanding as of the date of this Agreement, a Material Local Government is any Local
Government whose aggregate outstanding principal amount of Local Obligations represents
twenty percent (20%) or more of the aggregate outstanding principal amount of all Local
Obligations.

“Rule” means Rule 15c2-12, as it may be amended from time to time, under the
Securities Exchange Act of 1934 and any similar rules of the SEC relating to disclosure
requirements in the offering and sale of municipal securities, all as in effect from time to time,

“SEC” means the U.S. Securities and Exchange Commission.
(b) The Borrower shall Make Public or cause to be Made Public:

() Within 270 days after the end of the Borrower's Fiscal Year (commencing
with the Fiscal Year in which the Closing Date occurs), Annual Financial Information for
such Fiscal Year as of the end of which the Borrower constitutes a Material Local
Government. Annual Financial Information may be set forth in the documents Made
Public or may be included by reference in a document Made Public to any document
previously filed with the SEC. If the document referred to is a final official statement

-B-




 

 

 
 - 24 - 

within the meaning of the Rule, then it must be available from the Municipal Securities 
Rulemaking Board (“MSRB”). 

 
(2) In a timely manner, notice of any failure by the Borrower to Make Public 

or cause to be Made Public Annual Financial Information pursuant to the terms of part 
(1) of this subsection. 

 
(c) For purposes of this Section, information and notices shall be deemed to have 

been Made Public if transmitted to the Authority and to the MSRB for publication on its 
Electronic Municipal Market Access system (“EMMA”).  All documents provided to the MSRB 
shall be accompanied by identifying information prescribed by the Authority and the MSRB. 

 
 (d) The Borrower shall also notify the Authority within five (5) business days of 
becoming aware of any of the following events that may from time to time occur with respect to 
the Local Bond: 
 

(1) principal and interest payment delinquencies; 
 

(2) non-payment related defaults; 
 

(3) unscheduled draws on debt service reserves reflecting financial 
difficulties; 

 
(4) unscheduled draws on any credit enhancement reflecting financial 

difficulties; 
 

(5) substitution of credit or liquidity providers, or their failure to perform; 
 

(6) adverse tax opinions, the issuance by the Internal Revenue Service of 
proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 
5701-TEB) or other notices or determinations with respect to the tax status of the Local 
Bond, or other events affecting the tax status of the Local Bond; 

 
(7) modifications to rights of the holders of the Local Bond; 

 
(8) bond calls and tender offers; 

 
(9) defeasances of all or any portion of the Local Bond; 

 
(10) release, substitution, or sale of property securing repayment of the Local 

Bond; 
 

(11) rating changes; 
 

within the meaning of the Rule, then it must be available from the Municipal Securities
Rulemaking Board (*MSRB”).

(2) Inatimely manner, notice of any failure by the Borrower to Make Public
or cause to be Made Public Annual Financial Information pursuant to the terms of part

(1) of this subsection.

(©) __ For purposes of this Section, information and notices shall be deemed to have
been Made Public if transmitted to the Authority and to the MSRB for publication on its
Electronic Municipal Market Access system (“EMMA”). All documents provided to the MSRB
shall be accompanied by identifying information prescribed by the Authority and the MSRB.

(4) The Borrower shall also notify the Authority within five (5) business days of
becoming aware of any of the following events that may from time to time occur with respect to
the Local Bond:

(1) principal and interest payment delinquencies;
(2) non-payment related defaults;

(3) unscheduled draws on debt service reserves reflecting financial
difficulties;

(4) unscheduled draws on any credit enhancement reflecting financial
difficulties;

(5) substitution of credit or liquidity providers, or their failure to perform;

(6) _ adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form
5701-TEB) or other notices or determinations with respect to the tax status of the Local
Bond, or other events affecting the tax status of the Local Bond;

(7) modifications to rights of the holders of the Local Bond:

(8) bond calls and tender offers:

(9) defeasances of all or any portion of the Local Bond;

(10) _ release, substitution, or sale of property securing repayment of the Local
Bond;

(11) rating changes;

24.




 

 

 
 - 25 - 

(12) bankruptcy, insolvency, receivership or similar event of the Borrower0F*; 
 

(13) the consummation of a merger, consolidation or acquisition involving the 
Borrower or the sale of all or substantially all of the assets of the Borrower, other than in 
the ordinary course of business, the entry into a definitive agreement to undertake such an 
action or the termination of a definitive agreement relating to any such actions, other than 
pursuant to its terms; 

 
(14) appointment of a successor or additional trustee or the change in the name 

of a trustee; 
 

(15) incurrence of a financial obligation1F

** of the Borrower, if material, or 
agreement to covenants, events of default, remedies, priority rights, or other similar terms 
of a financial obligation of the Borrower, any of which affect security holders, if material; 
and 

(16)  default, event of acceleration, termination event, modification of terms, or 
other similar events under the terms of a financial obligation of the Borrower, any of 
which reflect financial difficulties. 

 
(e) Notwithstanding anything in this Agreement to the contrary, the Borrower need 

not comply with the provisions of subsections (a) through (d) above unless and until the 
Authority has notified the Borrower that it satisfied the objective criteria for a Material Local 
Government as of the end of the Authority’s immediately preceding fiscal year. 

 
(f) The obligations of the Borrower under this Section will terminate upon the 

redemption, defeasance (within the meaning of the Rule) or payment in full of all of the 
Leveraging Bonds. 

 
(g) The Borrower may modify its continuing disclosure obligations in this Section 

without the consent of holders of the Leveraging Bonds provided that this Section as so modified 
complies with the Rule as it exists at the time of modification.  The Borrower shall within a 

 
* This event is considered to occur when any of the following occur: the appointment of a receiver, fiscal 
agent or similar officer for the Borrower in a proceeding under the U.S. Bankruptcy Code or in any other 
proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction 
over substantially all of the assets or business of the Borrower, or if such jurisdiction has been assumed 
by leaving the existing governing body and officials or officers in possession but subject to the 
supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of 
reorganization, arrangement or liquidation by a court or governmental authority having supervision or 
jurisdiction over substantially all of the assets or business of the Borrower. 
 
**  The term “financial obligation” is defined to mean a (A) debt obligation; (B) derivative instrument 
entered into in connection with, or pledged as security or a source of payment for, an existing or planned 
debt obligation; or (C) a guarantee of (A) or (B). The term “financial obligation” does not include 
municipal securities as to which a final official statement has been otherwise provided to the MSRB 
consistent with the Rule. 

(12) _ bankruptcy, insolvency, receivership or similar event of the Borrower*;

(13) _ the consummation of a merger, consolidation or acquisition involving the
Borrower or the sale of all or substantially all of the assets of the Borrower, other than in
the ordinary course of business, the entry into a definitive agreement to undertake such an
action or the termination of a definitive agreement relating to any such actions, other than
pursuant to its terms;

(14) appointment of a successor or additional trustee or the change in the name
ofa trustee:

(15) incurrence of a financial obligation”* of the Borrower, if material, or
agreement to covenants, events of default, remedies, priority rights, or other similar terms.
of a financial obligation of the Borrower, any of which affect security holders, if material;
and

(16) default, event of acceleration, termination event, modification of terms, or
other similar events under the terms of a financial obligation of the Borrower, any of
which reflect financial difficulties.

(ec) _ Notwithstanding anything in this Agreement to the contrary, the Borrower need
not comply with the provisions of subsections (a) through (d) above unless and until the
Authority has notified the Borrower that it satisfied the objective criteria for a Material Local
Government as of the end of the Authority’s immediately preceding fiscal year.

(p The obligations of the Borrower under this Section will terminate upon the
redemption, defeasance (within the meaning of the Rule) or payment in full of all of the
Leveraging Bonds.

(g) The Borrower may modify its continuing disclosure obligations in this Section
without the consent of holders of the Leveraging Bonds provided that this Section as so modified
complies with the Rule as it exists at the time of modification. The Borrower shall within a

* This event is considered to occur when any of the following occur: the appointment of a receiver, fiscal
agent or similar officer for the Borrower in a proceeding under the U.S. Bankruptcy Code or in any other
proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction
over substantially all of the assets or business of the Borrower, or if such jurisdiction has been assumed
by leaving the existing governing body and officials or officers in possession but subject to the
supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of
reorganization, arrangement or liquidation by a court or governmental authority having supervision or
jurisdiction over substantially all of the assets or business of the Borrower.

* The term “financial obligation” is defined to mean a (A) debt obligation; (B) derivative instrument
entered into in connection with, or pledged as security or a source of payment for, an existing or planned
debt obligation; or (C) a guarantee of (A) or (B). The term “financial obligation” does not include
municipal securities as to which a final official statement has been otherwise provided to the MSRB
consistent with the Rule.

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 - 26 - 

reasonable time thereafter send to the Authority and the MSRB through EMMA a description of 
such modification(s). 

 
(h) (1) If the Borrower fails to comply with any covenant or obligation set forth 
in this Section, any holder (within the meaning of the Rule) of Leveraging Bonds then 
Outstanding may, by notice to the Borrower, proceed to protect and enforce its rights and 
the rights of the holders by an action for specific performance of the Borrower’s 
covenants or obligations set forth in this Section. 

 
(2) Notwithstanding anything herein to the contrary, any failure of the 

Borrower to comply with any obligation regarding Annual Financial Information 
specified in this Section (i) shall not be deemed to constitute an Event of Default under 
this Agreement and (ii) shall not give rise to any right or remedy other than that described 
in part (h)(1) of this Section. 

 
(i) The Borrower may from time to time disclose certain information and data in 

addition to that required under this Section.  Notwithstanding anything in this Agreement to the 
contrary, the Borrower shall not incur any obligation to continue to provide, or to update, such 
additional information or data. 

 
(j) The Borrower may, from time to time, appoint or engage a Dissemination Agent 

to assist it in carrying out its obligation to Make Public the Annual Financial Information, and 
may discharge any such Agent, with or without appointing a successor Dissemination Agent. 

 Section 10.10. Davis-Bacon Act.  The Borrower agrees to comply with the Davis-Bacon 
Act and related acts, as amended, with respect to the Project and require that all laborers and 
mechanics employed by contractors and subcontractors for the Project shall be paid wages at 
rates not less than those prevailing on projects of a similar character, as determined by the United 
States Secretary of Labor in accordance with Section 1450(e) of the Safe Drinking Water Act 
and related acts, as amended. 
 

Section 10.11. American Iron and Steel.  The Borrower agrees to comply with all 
federal requirements, including those imposed by the Consolidated Appropriations Act, 2014, 
P.L. 113-76, and related Drinking Water State Revolving Fund Policy Guidelines, as amended 
and supplemented and in effect from time to time, with respect to the Project.  Such requirements 
include, among other things, that all iron and steel products used for the Project are to be 
produced in the United States.  The term “iron and steel products” is defined to mean the 
following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole 
covers and  other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, 
structural steel, reinforced precast concrete and construction materials. 

 
Section 10.12. Recordkeeping and Reporting.  The Borrower agrees to comply with all 

recordkeeping and reporting requirements under the Safe Drinking Water Act and related acts, as 
amended, including any reports required by a federal agency or the Authority, such as 
performance indicators of program deliverables, information on costs and progress with respect 

reasonable time thereafter send to the Authority and the MSRB through EMMA a description of
such modification(s).

(bh) (1)_ If the Borrower fails to comply with any covenant or obligation set forth
in this Section, any holder (within the meaning of the Rule) of Leveraging Bonds then
Outstanding may, by notice to the Borrower, proceed to protect and enforce its rights and
the rights of the holders by an action for specific performance of the Borrower's
covenants or obligations set forth in this Section.

(2) Notwithstanding anything herein to the contrary, any failure of the
Borrower to comply with any obligation regarding Annual Financial Information
specified in this Section (i) shall not be deemed to constitute an Event of Default under
this Agreement and (ii) shall not give rise to any right or remedy other than that described
in part (h)(1) of this Section.

(i) The Borrower may from time to time disclose certain information and data in
addition to that required under this Section. Notwithstanding anything in this Agreement to the
contrary, the Borrower shall not incur any obligation to continue to provide, or to update, such
additional information or data.

(j)_ The Borrower may, from time to time, appoint or engage a Dissemination Agent
to assist it in carrying out its obligation to Make Public the Annual Financial Information, and
may discharge any such Agent, with or without appointing a successor Dissemination Agent.

Section 10.10. Davis-Bacon Act, The Borrower agrees to comply with the Davis-Bacon
Act and related acts, as amended, with respect to the Project and require that all laborers and
mechanics employed by contractors and subcontractors for the Project shall be paid wages at
rates not less than those prevailing on projects of a similar character, as determined by the United
States Secretary of Labor in accordance with Section 1450(e) of the Safe Drinking Water Act
and related acts, as amended.

Section 10.11. American Iron and Steel. The Borrower agrees to comply with all
federal requirements, including those imposed by the Consolidated Appropriations Act, 2014,
PLL. 113-76, and related Drinking Water State Revolving Fund Policy Guidelines, as amended
and supplemented and in effect from time to time, with respect to the Project. Such requirements
include, among other things, that all iron and steel products used for the Project are to be
produced in the United States. The term “iron and steel products” is defined to mean the
following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole
covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete and construction materials.

Section 10.12. Recordkeeping and Reporting. The Borrower agrees to comply with all
recordkeeping and reporting requirements under the Safe Drinking Water Act and related acts, as
amended, including any reports required by a federal agency or the Authority, such as
performance indicators of program deliverables, information on costs and progress with respect

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 - 27 - 

to the Project.  The Borrower acknowledges that each contract and subcontract related to the 
Project is subject to audit by appropriate federal and state entities. 

 
Section 10.13. Service Contracts.  The Borrower shall give prompt notice to the 

Authority of any renewal, extension, amendment, default or termination of any of the Service 
Contracts.  The Borrower shall enforce the terms of such agreements and use its best efforts to 
ensure that such agreements remain in full force and effect during the term of this Agreement. 
 

Section 10.14. Prohibition on Telecommunications Services or Equipment.  The 
Borrower agrees to comply with all federal requirements imposed by 2 C.F.R. § 200.216, 
implementing P.L. 115-232, Section 889, as amended and supplemented and in effect from time 
to time, with respect to the Project.  Such requirements include, among other things, that the 
Borrower is prohibited from obligating or expending the Local Bond Proceeds to procure or 
obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or 
renew a contract) to procure or obtain equipment, services, or systems that use certain covered 
telecommunications equipment or services as a substantial or essential component of any system, 
or as critical technology as part of any system. 
 
 

ARTICLE XI 
DEFAULTS AND REMEDIES 

 
 Section 11.1. Events of Default.  Each of the following events shall be an “Event of 
Default”: 
 
  (a) The failure to pay when due any payment of principal or Cost of Funds 
due hereunder or to make any other payment required to be made under the Local Bond or this 
Agreement; 
 
  (b) The Borrower’s failure to perform or observe any of the other covenants, 
agreements or conditions of the Local Bond, the Support Agreement or this Agreement and the 
continuation of such failure for a period of thirty (30) days after the Authority gives the 
Borrower written notice specifying such failure and requesting that it be cured, unless the 
Authority shall agree in writing to an extension of such time prior to its expiration; provided, 
however, if the failure stated in the notice is correctable but cannot be corrected within the 
applicable period, the Authority will not unreasonably withhold its consent to an extension of 
such time if corrective action is instituted by the Borrower within the applicable period and 
diligently pursued until the Default is corrected; 
 
  (c) Any warranty, representation or other statement by or on behalf of 
Borrower contained in this Agreement or in any instrument furnished in compliance with or in 
reference to this Agreement or in connection with the issuance and sale of the Local Bond is 
false or misleading in any material respect; 
 
  (d) The early termination of the Funding Agreement pursuant to Sections 
5.3(b) and (c) thereof; 

to the Project. The Borrower acknowledges that each contract and subcontract related to the
Project is subject to audit by appropriate federal and state entities.

Section 10.13. Service Contracts, The Borrower shall give prompt notice to the
Authority of any renewal, extension, amendment, default or termination of any of the Service
Contracts. The Borrower shall enforce the terms of such agreements and use its best efforts to
ensure that such agreements remain in full force and effect during the term of this Agreement.

Section 10.14. Prohibition on Telecommunications Services or Equipment. The
Borrower agrees to comply with all federal requirements imposed by 2 C.F.R. § 200.216,

implementing P.L. 115-232, Section 889, as amended and supplemented and in effect from time
to time, with respect to the Project. Such requirements include, among other things, that the
Borrower is prohibited from obligating or expending the Local Bond Proceeds to procure or
obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or
renew a contract) to procure or obtain equipment, services, or systems that use certain covered
telecommunications equipment or services as a substantial or essential component of any system,
or as critical technology as part of any system.

ARTICLE XI

DEFAULTS AND REMEDIES

Section 11.1. Events of Default. Each of the following events shall be an “Event of
Default”:

(a) The failure to pay when due any payment of principal or Cost of Funds
due hereunder or to make any other payment required to be made under the Local Bond or this
Agreement;

(b) _ The Borrower's failure to perform or observe any of the other covenants,
agreements or conditions of the Local Bond, the Support Agreement or this Agreement and the
continuation of such failure for a period of thirty (30) days after the Authority gives the
Borrower written notice specifying such failure and requesting that it be cured, unless the
‘Authority shall agree in writing to an extension of such time prior to its expiration; provided,
however, if the failure stated in the notice is correctable but cannot be corrected within the
applicable period, the Authority will not unreasonably withhold its consent to an extension of
such time if corrective action is instituted by the Borrower within the applicable period and
diligently pursued until the Default is corrected;

(©) Any warranty, representation or other statement by or on behalf of
Borrower contained in this Agreement or in any instrument furnished in compliance with or in
reference to this Agreement or in connection with the issuance and sale of the Local Bond is
false or misleading in any material respect;

(4) The early termination of the Funding Agreement pursuant to Sections
5.3(b) and (c) thereof;

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 - 28 - 

 
  (e) The occurrence of a default by the Borrower under the terms of any 
Subordinate Bonds, Parity Bonds, Existing Parity Bonds or Prior Bonds and the failure to cure 
such default or obtain a waiver thereof within any period of time permitted thereunder; 
 
  (f) An order or decree shall be entered, with the Borrower’s consent or 
acquiescence, appointing a receiver or receivers of the System or any part thereof or of the 
Revenues thereof, or if such order or decree, having been entered without the Borrower’s consent 
or acquiescence, shall not be vacated, discharged or stayed on appeal within sixty (60) days after 
the entry thereof; 
 
  (g) Any proceeding shall be instituted, with the Borrower’s consent or 
acquiescence, for the purpose of effecting a composition between the Borrower and its creditors 
or for the purpose of adjusting the claims of such creditors, pursuant to any federal or state 
statute now or hereafter enacted, if the claims of such creditors are under any circumstances 
secured by or payable from Revenues; or 
 
  (h) Any bankruptcy, insolvency or other similar proceeding shall be instituted 
by or against the Borrower under any federal or state bankruptcy or insolvency law now or 
hereinafter in effect and, if instituted against the Borrower, is not dismissed within sixty (60) 
days after filing. 
 
 Section 11.2. Notice of Default.  The Borrower agrees to give the Authority prompt 
written notice if any order, decree or proceeding referred to in Section 11.1(f), (g) or (h) is 
entered or instituted against the Borrower or of the occurrence of any other event or condition 
which constitutes a Default or an Event of Default immediately upon becoming aware of the 
existence thereof. 
 
 Section 11.3. Remedies on Default.  Whenever any Event of Default referred to in 
Section 11.1 shall have happened and be continuing, the Authority shall, in addition to any other 
remedies provided herein or by law, including rights specified in Section 62.1-237 of the Act, 
have the right, at its option without any further demand or notice, to take one or both of the 
following remedial steps: 
 
  (a) Declare immediately due and payable all payments due or to become due 
on the Local Bond and under this Agreement, and upon notice to the Borrower, the same shall 
become immediately due and payable by the Borrower without further notice or demand; and 
 
  (b) Take whatever other action at law or in equity may appear necessary or 
desirable to collect the payments then due and thereafter to become due on the Local Bond and 
under this Agreement, to enforce any other of the Fund’s, the Authority’s or the Board’s rights 
under this Agreement, or to enforce performance by the Borrower of its covenants, agreements 
or undertakings contained herein or in the Local Bond, which the Borrower hereby agrees are 
assigned to the Authority upon the occurrence of an Event of Default. 
 

(©) _ The occurrence of a default by the Borrower under the terms of any
Subordinate Bonds, Parity Bonds, Existing Parity Bonds or Prior Bonds and the failure to cure
such default or obtain a waiver thereof within any period of time permitted thereunder;

() An order or decree shall be entered, with the Borrower’s consent or
acquiescence, appointing a receiver or receivers of the System or any part thereof or of the
Revenues thereof, or if such order or decree, having been entered without the Borrower's consent
‘or acquiescence, shall not be vacated, discharged or stayed on appeal within sixty (60) days after
the entry thereof;

(g) Any proceeding shall be instituted, with the Borrower's consent or
acquiescence, for the purpose of effecting a composition between the Borrower and its creditors
or for the purpose of adjusting the claims of such creditors, pursuant to any federal or state
statute now or hereafter enacted, if the claims of such creditors are under any circumstances
secured by or payable from Revenues; or

(h) Any bankruptcy, insolvency or other similar proceeding shall be instituted
by or against the Borrower under any federal or state bankruptcy or insolvency law now or
hereinafter in effect and, if instituted against the Borrower, is not dismissed within sixty (60)
days after filing.

Section 11.2. Notice of Default. The Borrower agrees to give the Authority prompt
written notice if any order, decree or proceeding referred to in Section 11.1(f), (g) or (h) is
entered or instituted against the Borrower or of the occurrence of any other event or condition
which constitutes a Default or an Event of Default immediately upon becoming aware of the
existence thereof.

Section 11.3. Remedies on Defat Whenever any Event of Default referred to in
Section 11.1 shall have happened and be continuing, the Authority shall, in addition to any other
remedies provided herein or by law, including rights specified in Section 62.1-237 of the Act,
have the right, at its option without any further demand or notice, to take one or both of the
following remedial steps:

(a) Declare immediately due and payable all payments due or to become due
on the Local Bond and under this Agreement, and upon notice to the Borrower, the same shall
become immediately due and payable by the Borrower without further notice or demand; and

(b) Take whatever other action at law or in equity may appear necessary or
desirable to collect the payments then due and thereafter to become due on the Local Bond and
under this Agreement, to enforce any other of the Fund’s, the Authority’s or the Board’s rights
under this Agreement, or to enforce performance by the Borrower of its covenants, agreements
or undertakings contained herein or in the Local Bond, which the Borrower hereby agrees are
assigned to the Authority upon the occurrence of an Event of Default.

-28-




 

 

 
 - 29 - 

 Section 11.4. Delay and Waiver.  No delay or omission to exercise any right or power 
accruing upon any Default or Event of Default shall impair any such right or power or shall be 
construed to be a waiver of any such Default or Event of Default or acquiescence therein, and 
every such right or power may be exercised from time to time and as often as may be deemed 
expedient.  No waiver of any Default or Event of Default under this Agreement shall extend to or 
shall affect any subsequent Default or Event of Default or shall impair any rights or remedies 
consequent thereto. 
 

Section 11.5. State Aid Intercept.  The Borrower acknowledges that the Authority may 
take any and all actions available to it under the laws of the Commonwealth of Virginia, 
including Section 62.1-216.1 of the Virginia Code, to secure payment of the principal of and 
Cost of Funds on the Local Bond, if payment of such principal or Cost of Funds shall not be paid 
when the same shall become due and payable. 

 
 

ARTICLE XII 
MISCELLANEOUS 

 
 Section 12.1. Successors and Assigns.  This Agreement shall be binding upon, inure to 
the benefit of and be enforceable by the parties and their respective successors and assigns. 
 
 Section 12.2. Amendments.  The Authority and the Borrower, with the written consent 
of the Department, shall have the right to amend from time to time any of the terms and 
conditions of this Agreement, provided that all amendments shall be in writing and shall be 
signed by or on behalf of the Authority and the Borrower; provided, however, that the written 
consent of the Department shall not be required for the Authority and the Borrower to amend 
Articles I, V, IX and XI or Sections 10.4, 10.5, 10.9 and 10.13 of this Agreement. 
 
 Section 12.3. Limitation of Borrower’s Liability.  Notwithstanding anything in the 
Local Bond or this Agreement to the contrary, the Borrower’s obligations are not its general 
obligations, but are limited obligations payable solely from the Revenues which are specifically 
pledged for such purpose.  Neither the Local Bond nor this Agreement shall be deemed to create 
or constitute a debt or a pledge of the faith and credit of the Borrower and the Borrower shall not 
be obligated to pay the principal of or Cost of Funds on the Local Bond or other costs incident 
thereto except from the Revenues and other funds pledged therefor.  In the absence of fraud, no 
present or future director, official, officer, employee or agent of the Borrower shall be liable 
personally in respect of this Agreement or the Local Bond or for any other action taken by such 
individual pursuant to or in connection with the financing provided for in this Agreement or the 
Local Bond. 
 
 Section 12.4. Applicable Law.  This Agreement shall be governed by the applicable 
laws of the Commonwealth of Virginia. 
 
 Section 12.5. Severability.  If any clause, provision or section of this Agreement shall 
be held illegal or invalid by any court, the illegality or invalidity of such clause, provision or 
Section shall not affect the remainder of this Agreement which shall be construed and enforced 

Section 11.4. Delay and Waiver. No delay or omission to exercise any right or power
accruing upon any Default or Event of Default shall impair any such right or power or shall be
construed to be a waiver of any such Default or Event of Default or acquiescence therein, and
every such right or power may be exercised from time to time and as often as may be deemed
expedient. No waiver of any Default or Event of Default under this Agreement shall extend to or
shall affect any subsequent Default or Event of Default or shall impair any rights or remedies
‘consequent thereto.

Section 11.5. State Aid Intercept. The Borrower acknowledges that the Authority may
take any and all actions available to it under the laws of the Commonwealth of Virginia,
including Section 62.1-216.1 of the Virginia Code, to secure payment of the principal of and
Cost of Funds on the Local Bond, if payment of such principal or Cost of Funds shall not be paid
when the same shall become due and payable.

ARTICLE XII
MISCELLANEOUS

Section 12.1. Successors and Assigns. This Agreement shall be binding upon, inure to
the benefit of and be enforceable by the parties and their respective successors and assigns.

Section 12.2. Amendments. The Authority and the Borrower, with the written consent
of the Department, shall have the right to amend from time to time any of the terms and
conditions of this Agreement, provided that all amendments shall be in writing and shall be
signed by or on behalf of the Authority and the Borrower; provided, however, that the written
consent of the Department shall not be required for the Authority and the Borrower to amend
Articles I, V, IX and XI or Sections 10.4, 10.5, 10.9 and 10.13 of this Agreement.

Section 12.3. Limitation of Borrower’s Liability. Notwithstanding anything in the
Local Bond or this Agreement to the contrary, the Borrower's obligations are not its general
obligations, but are limited obligations payable solely from the Revenues which are specifically
pledged for such purpose. Neither the Local Bond nor this Agreement shalll be deemed to create
or constitute a debt or a pledge of the faith and credit of the Borrower and the Borrower shall not
be obligated to pay the principal of or Cost of Funds on the Local Bond or other costs incident
thereto except from the Revenues and other funds pledged therefor. In the absence of fraud, no
present or future director, official, officer, employee or agent of the Borrower shall be liable
personally in respect of this Agreement or the Local Bond or for any other action taken by such
individual pursuant to or in connection with the financing provided for in this Agreement or the
Local Bond.

Section 12.4. Applicable Law. This Agreement shall be governed by the applicable
laws of the Commonwealth of Virginia,

Section 12.5. Severability. If any clause, provision or section of this Agreement shall
be held illegal or invalid by any court, the illegality or invalidity of such clause, provision or
Section shall not affect the remainder of this Agreement which shall be construed and enforced

-29-




 

 

 
 - 30 - 

as if such illegal or invalid clause, provision or section had not been contained in this Agreement.  
If any agreement or obligation contained in this Agreement is held to be in violation of law, then 
such agreement or obligation shall be deemed to be the agreement or obligation of the Authority 
and the Borrower, as the case may be, only to the extent permitted by law. 
 
 Section 12.6. Notices.  Unless otherwise provided for herein, all demands, notices, 
approvals, consents, requests, opinions and other communications under the Local Bond or this 
Agreement shall be in writing and shall be deemed to have been given when delivered in person 
or mailed by first class registered or certified mail, postage prepaid, addressed as follows: 
 
 Fund:   Virginia Water Supply Revolving Fund 

c/o Virginia Resources Authority 
1111 East Main Street, Suite 1920 
Richmond, VA  23219 
Attention:  Executive Director 

 
 Authority:  Virginia Resources Authority 

1111 East Main Street, Suite 1920 
Richmond, VA  23219 
Attention:  Executive Director 

 
 Board:   Virginia Department of Health 

109 Governor Street 
Richmond, VA  23219 
Attention:  State Health Commissioner 

 
Borrower:  The Russell County Public Service Authority 

137 Highland Drive 
Lebanon, Virginia  24266 
Attention:  Chairman 

 
A duplicate copy of each demand, notice, approval, consent, request, opinion or other 
communication given by any party named in this Section shall also be given to each of the other 
parties named.  The Authority, the Board and the Borrower may designate, by notice given 
hereunder, any further or different addresses to which subsequent demands, notices, approvals, 
consents, requests, opinions or other communications shall be sent or persons to whose attention 
the same shall be directed. 
 
 Section 12.7. Right to Cure Default.  If the Borrower shall fail to make any payment or 
to perform any act required by it under the Local Bond or this Agreement, the Authority without 
prior notice to or demand upon the Borrower and without waiving or releasing any obligation or 
default, may (but shall be under no obligation to) make such payment or perform such act.  All 
amounts so paid by the Authority and all costs, fees and expenses so incurred shall be payable by 
the Borrower as an additional obligation under this Agreement, together with interest thereon at 
the rate of interest of five percent (5.0%) per annum until paid.  The Borrower’s obligation under 
this Section shall survive the payment of the Local Bond. 

as if such illegal or invalid clause, provision or section had not been contained in this Agreement.
If any agreement or obligation contained in this Agreement is held to be in violation of law, then

such agreement or obligation shall be deemed to be the agreement or obligation of the Authority

and the Borrower, as the case may be, only to the extent permitted by law.

Section 12.6. Notices. Unless otherwise provided for herein, all demands, notices,
approvals, consents, requests, opinions and other communications under the Local Bond or this
Agreement shall be in writing and shall be deemed to have been given when delivered in person
or mailed by first class registered or certified mail, postage prepaid, addressed as follows:

Fund: Virginia Water Supply Revolving Fund
clo Virginia Resources Authority
1111 East Main Street, Suite 1920
Richmond, VA 23219
Attention: Executive Director

Authority: Virginia Resources Authority
1111 East Main Street, Suite 1920
Richmond, VA 23219
Attention: Executive Director

Board: Virginia Department of Health
109 Governor Street
Richmond, VA 23219
Attention: State Health Commissioner

Borrower: ‘The Russell County Public Service Authority
137 Highland Drive
Lebanon, Virginia 24266
Attention: Chairman

A duplicate copy of each demand, notice, approval, consent, request, opinion or other
communication given by any party named in this Section shall also be given to each of the other
parties named. The Authority, the Board and the Borrower may designate, by notice given
hereunder, any further or different addresses to which subsequent demands, notices, approvals,
consents, requests, opinions or other communications shall be sent or persons to whose attention
the same shall be directed.

Section 12.7. Right to Cure Default. If the Borrower shall fail to make any payment or
to perform any act required by it under the Local Bond or this Agreement, the Authority without
prior notice to or demand upon the Borrower and without waiving or releasing any obligation or
default, may (but shall be under no obligation to) make such payment or perform such act. All
amounts so paid by the Authority and all costs, fees and expenses so incurred shall be payable by
the Borrower as an additional obligation under this Agreement, together with interest thereon at
the rate of interest of five percent (5.0%) per annum until paid. The Borrower's obligation under
this Section shall survive the payment of the Local Bond.

-30-




 

 

 
 - 31 - 

 
 Section 12.8. Headings.  The headings of the several articles and sections of this 
Agreement are inserted for convenience only and do not comprise a part of this Agreement. 
 
 Section 12.9. Term of Agreement.  This Agreement shall be effective upon its 
execution and delivery, provided that the Local Bond previously or simultaneously shall have 
been executed and delivered.  Except as otherwise specified, the Borrower’s obligations under 
the Local Bond and this Agreement shall expire upon payment in full of the Local Bond and all 
other amounts payable by the Borrower under this Agreement. 
 
 Section 12.10. Commitment Letter.  The Commitment Letter is an integral part of this 
Agreement and shall survive closing hereunder. 
 
 Section 12.11. Counterparts.  This Agreement may be executed in any number of 
counterparts, each of which shall be an original and all of which together shall constitute but one 
and the same instrument. 
 
 

[Signature Page Follows] 

Section 12.8. Headings. The headings of the several articles and sections of this
‘Agreement are inserted for convenience only and do not comprise a part of this Agreement.

Section 12.9. Term of Agreement. This Agreement shall be effective upon its
execution and delivery, provided that the Local Bond previously or simultaneously shall have
been executed and delivered. Except as otherwise specified, the Borrower's obligations under
the Local Bond and this Agreement shall expire upon payment in full of the Local Bond and all
other amounts payable by the Borrower under this Agreement.

Section 12.10. Commitment Letter. The Commitment Letter is an integral part of this
Agreement and shall survive closing hereunder.

Section 12.11. Counterparts, This Agreement may be executed in any number of
counterparts, each of which shall be an original and all of which together shall constitute but one
and the same instrument.

[Signature Page Follows]

-31-




 

 

 
 - 32 - 

 
 WITNESS the following signatures, all duly authorized. 
 
 

VIRGINIA RESOURCES AUTHORITY, as 
Administrator of the Virginia Water Supply Revolving 
Fund 
 
 
 
By: ____________________________________________ 

Shawn B. Crumlish 
Executive Director 

 
 
 

THE RUSSELL COUNTY PUBLIC SERVICE 
AUTHORITY 
 
 
 
By: ____________________________________________ 
 
Title: ___________________________________________ 

 
 
 

WITNESS the following signatures, all duly authorized,

VIRGINIA RESOURCES AUTHORITY, as
Administrator of the Virginia Water Supply Revolving
Fund

By:

Shawn B. Crumlish
Executive Director

THE RUSSELL COUNTY PUBLIC SERVICE
AUTHORITY

By:

Title:

-32-




 

 

 
EXHIBIT A 

 
FORM OF LOCAL BOND 

THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY 
WSL-012-22 

 
 

[To Come from Borrower’s Bond Counsel] 
 

EXHIBIT A
FORM OF LOCAL BOND

THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
WSL-012-22

[To Come from Borrower's Bond Counsel]




 

 

 
EXHIBIT B 

 
PROJECT DESCRIPTION 

THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY 
WSL-012-22 

 
 
 The Project includes financing water line extensions in the Nash Ford and Clinch 
Mountain Road communities, together with related expenses.   
 

EXHIBIT B

PROJECT DESCRIPTION
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
WSL-012-22

‘The Project includes financing water line extensions in the Nash Ford and Clinch
Mountain Road communities, together with related expenses.




 

 

EXHIBIT C 
 

PROJECT BUDGET 
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY 

WSL-012-22 
 
 

[To Come] 
 
 

EXHIBIT C
PROJECT BUDGET

THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
WSL-012-22

[To Come]




 
 

 

 

EXHIBIT D 
 

OPINION OF BORROWER’S BOND COUNSEL 
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY 

WSL-012-22 
 
 

[To Come from Borrower’s Bond Counsel] 
 

EXHIBIT D
OPINION OF BORROWER’S BOND COUNSEL

THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
WSL-012-22

[To Come from Borrower's Bond Counsel]




 

 

EXHIBIT E 
 

REQUISITION FOR DISBURSEMENT 
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY 

WSL-012-22 
 
 

[LETTERHEAD OF BORROWER] 
 

[Date] 
 
__________, Director 
Office of Drinking Water, 6th Floor 
Virginia Department of Health 
109 Governor Street 
Richmond, VA 23219 
 
Re: Virginia Water Supply Revolving Fund 
 The Russell County Public Service Authority 
 Loan No. WSL-012-22 
 
Dear Mr./Ms. __________: 
 
 This requisition, Number ___, is submitted in connection with the Financing Agreement and 
Funding Agreement, each dated as of ___________ 1, 2023 (together, the “Agreements”) between 
the Virginia Resources Authority, as Administrator of the Virginia Water Supply Revolving Fund 
(the “Fund”), and The Russell County Public Service Authority (the “Borrower”).  Unless otherwise 
defined in this requisition, all capitalized terms used herein shall have the meaning set forth in 
Article I of the Agreements.  The undersigned Authorized Representative of the Borrower hereby 
requests disbursement of loan proceeds under the Agreements in the amount of $___________, for 
the purposes of payment of the Project Costs as set forth on Schedule 1 attached hereto. 
 
 Attached hereto are invoices relating to the items for which payment is requested. 
 
 The undersigned certifies that (a) the amounts requested by this requisition will be applied 
solely and exclusively to the payment, or the reimbursement of the Borrower for the payment, of 
Project Costs, and (b) any materials, supplies or equipment covered by this requisition are not 
subject to any lien or security interest or such lien or security interest will be released upon payment 
of the requisition.  In addition, the undersigned certifies that the Borrower has conducted adequate 
oversight for compliance with the Davis-Bacon Act and related acts through (a) the review of 
payrolls and associated certifications, and (b) the posting of all wage determinations and additional 
classifications (as appropriate) on the work site, and through this oversight, the Borrower has 
determined to the best of its ability that the Project complies with the requirements of the Davis-
Bacon Act and related acts.  The Borrower further certifies that all products included in this request 
satisfy the appropriate provisions of the American Iron and Steel requirements included in the 
Agreement. 

EXHIBIT E

REQUISITION FOR DISBURSEMENT
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
WSL-012-22

[LETTERHEAD OF BORROWER]
[Date]

, Director
Office of Drinking Water, 6 Floor
Virginia Department of Health
109 Governor Street
Richmond, VA 23219

Re: Virginia Water Supply Revolving Fund
The Russell County Public Service Authority
Loan No, WSL-012-22

Dear Mr/Ms. :

This requisition, Number ___, is submitted in connection with the Financing Agreement and
Funding Agreement, each dated as of 1, 2023 (together, the “Agreements”) between
the Virginia Resources Authority, as Administrator of the Virginia Water Supply Revolving Fund
(the “Fund”), and The Russell County Public Service Authority (the “Borrower”. Unless otherwise
defined in this requisition, all capitalized terms used herein shall have the meaning set forth in
Article I of the Agreements. The undersigned Authorized Representative of the Borrower hereby
requests disbursement of loan proceeds under the Agreements in the amount of $ for
the purposes of payment of the Project Costs as set forth on Schedule | attached hereto.

Attached hereto are invoices relating to the items for which payment is requested.

The undersigned certifies that (a) the amounts requested by this requisition will be applied
solely and exclusively to the payment, or the reimbursement of the Borrower for the payment, of
Project Costs, and (b) any materials, supplies or equipment covered by this requisition are not
subject to any lien or security interest or such lien or security interest will be released upon payment
of the requisition. In addition, the undersigned certifies that the Borrower has conducted adequate
oversight for compliance with the Davis-Bacon Act and related acts through (a) the review of
payrolls and associated certifications, and (b) the posting of all wage determinations and additional
classifications (as appropriate) on the work site, and through this oversight, the Borrower has
determined to the best of its ability that the Project complies with the requirements of the Davis-
Bacon Act and related acts, The Borrower further certifies that all products included in this request
satisfy the appropriate provisions of the American Iron and Steel requirements included in the
Agreement.




 
 

 

 

  
The undersigned further certifies that (a) no Event of Default or Default has occurred and is 

continuing, and no condition exists which, with the passing of time or with the giving of notice or 
both, would constitute an Event of Default hereunder, and (b) the representations and warranties of 
the Borrower contained in the Agreements are true, correct and complete and the Borrower has 
performed all of its obligations thereunder required to be performed as of the date hereof. 

 
This requisition includes an accompanying Certificate of the Consulting Engineer as to the 

performance of the work. 
 

Sincerely, 
 
___________________________________________ 
(Authorized Representative of the Borrower) 

 
Attachments 
cc: VDH Project Engineer (with all attachments) 

The undersigned further certifies that (a) no Event of Default or Default has occurred and is
continuing, and no condition exists which, with the passing of time or with the giving of notice or
both, would constitute an Event of Default hereunder, and (b) the representations and warranties of
the Borrower contained in the Agreements are true, correct and complete and the Borrower has
performed all of its obligations thereunder required to be performed as of the date hereof.

This requisition includes an accompanying Certificate of the Consulting Engineer as to the
performance of the work.

Sincerely,

(Authorized Representative of the Borrower)

Attachments:
ce: VDH Project Engineer (with all attachments)





 

 

 
 

CERTIFICATE OF THE CONSULTING ENGINEER 
 

FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT 
 

 
Loan No. WSL-012-22 
 
 This Certificate is submitted in connection with Requisition Number ____, dated _________, 
20__, submitted by The Russell County Public Service Authority.  Capitalized terms used herein shall 
have the same meanings set forth in Article I of the Agreements referred to in the Requisition. 

 
 The undersigned Consulting Engineer for the Borrower hereby certifies that insofar as the 
amounts covered by this Requisition include payments for labor or to contractors, builders or 
materialmen, such work was actually performed or such materials, supplies or equipment were actually 
furnished to or installed in the Project. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
             SEAL                        

 
   
 
      ______________________________ 
        [Consulting Engineer] 
 
 
      Date: ________________________ 

CERTIFICATE OF THE CONSULTING ENGINEER

FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT

Loan No. WSL-012-22
This Certificate is submitted in connection with Requisition Number ___, dated
20__, submitted by The Russell County Public Service Authority. Capitalized terms used herein shall
have the same meanings set forth in Article I of the Agreements referred to in the Requisition.
The undersigned Consulting Engineer for the Borrower hereby certifies that insofar as the
amounts covered by this Requisition include payments for labor or to contractors, builders or

materialmen, such work was actually performed or such materials, supplies or equipment were actually
furnished to or installed in the Project.

SEAL

[Consulting Engineer]

Date:




 

 

SCHEDULE 1 
VIRGINIA WATER SUPPLY REVOLVING FUND 

FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT 
 

REQUISITION # ________ 
BORROWER: THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY 
LOAN NUMBER:  WSL-012-22 
CERTIFYING SIGNATURE: ______________________________ 
TITLE: ______________________________________ 
 

Cost Category 
 
 
 

Amount 
Budgeted 

 
 

Previous 
Disbursements 

 
 

Expenditures 
This 

Period 
 

Total 
Expenditures 

to Date 
 

Net Balance 
Remaining 

 
 

      

      

      

      

      

      

      

TOTALS:                            

 
Total Loan Amount $_________________ 

Previous Disbursements $_________________ 
This Request $_________________ 

Loan Proceeds Remaining $_________________ 

SCHEDULE 1
VIRGINIA WATER SUPPLY REVOLVING FUND
FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT

REQUISITION #

BORROWER: THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
LOAN NUMBER: WSL-012-22

CERTIFYING SIGNATURE:

TITLE:

TOTALS:

Total Loan Amount $.
Previous Disbursements S.
This Request $

Loan Proceeds Remaining $.





 

 

EXHIBIT F 
 

PRIOR BONDS AND EXISTING PARITY BONDS 
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY 

WSL-012-22 
 

[To Be Updated By Borrower’s Bond Counsel] 
 

Prior Bonds: 
 
None 

 
 
Existing Parity Bonds: 
 
$672,000 Russell County Series 1988 Water Revenue Bond (RD Sword’s Creek Project) 
 
$900,000 Russell County Sewer Revenue Bond, Series 1996 (RD Dante Project) 
 
$119,530 Russell County, Virginia, Water Revenue Bond, Series 1999 (RD Lynn Springs 
Project) 
 
$350,000 Water Revenue Bond, Series of 2000 (RD Castlewood Water Project) 
 
$937,300 Water Revenue Bond, Series of 2005 (Dante Rehabilitation Water Project) 
 
$2,200,000 Sewer Revenue Bond, Series of 2013 (Sewer Phase 1A) 
 
$418,700 Water and Sewer Revenue Bond, Series 2021 
 
$18,675.60 Water and Sewer Revenue Bond, Series 2021A 
 
$5,963,296.78 Water and Sewer Revenue Bond, Series 2021B 
 
$5,748,437.52 Water and Sewer Revenue Bond, Series 2021C 
 

EXHIBIT F
PRIOR BONDS AND EXISTING PARITY BONDS.
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
WSL-012-22
[To Be Updated By Borrower's Bond Counsel]

Prior Bonds:

None

Existing Parity Bonds:

$672,000 Russell County Series 1988 Water Revenue Bond (RD Sword’s Creek Project)
$900,000 Russell County Sewer Revenue Bond, Series 1996 (RD Dante Project)

$119,530 Russell County, Virginia, Water Revenue Bond, Series 1999 (RD Lynn Springs
Project)

$350,000 Water Revenue Bond, Series of 2000 (RD Castlewood Water Project)
$937,300 Water Revenue Bond, Series of 2005 (Dante Rehabilitation Water Project)
$2,200,000 Sewer Revenue Bond, Series of 2013 (Sewer Phase 1A)

$418,700 Water and Sewer Revenue Bond, Series 2021

$18,675.60 Water and Sewer Revenue Bond, Series 2021A.

$5,963,296.78 Water and Sewer Revenue Bond, Series 2021B

$5,748,437.52 Water and Sewer Revenue Bond, Series 2021C




 
 

 

 

 
EXHIBIT G 

 
FORM OF BUDGET 

THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY 
WSL-012-22 

 
 

(To Be on Borrower’s Letterhead) 
 

[Date] 
 
Executive Director 
Virginia Resources Authority 
1111 East Main Street, Suite 1920 
Richmond, VA  23219 
 
Dear Mr./Ms. __________: 
 

Pursuant to the Financing Agreement[s] between Virginia Resources Authority and The 
Russell County Public Service Authority, a copy of the fiscal year [20xx] annual budget is 
enclosed.  Such annual budget provides for the satisfaction of the rate covenant as demonstrated 
below. 
 

Revenues1 Operation & Maintenance 
Expense 

Net Revenues Available 
for Debt Service 
( Revenues – O&M Expense) 

Debt Service Coverage 
(Net Revenues Available for 
Debt Service/Debt Service) 

     

__________________________________________ 
1  Of the amount set forth here as Revenues, $_________ is derived from a transfer from the County of Russell,     
   Virginia’s general fund pursuant to the Support Agreement. 
 
 
 All capitalized terms used herein shall have the meaning set forth in the Financing 
Agreement[s]. 
 
Very truly yours, 
 
 
 
        
By: __________________________ 
 
        
Its: _________________________ 

EXHIBIT G

FORM OF BUDGET
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
WSL-012-22

(To Be on Borrower's Letterhead)
[Date]

Executive Director
Virginia Resources Authority
1111 East Main Street, Suite 1920
Richmond, VA 23219

Dear Mr./Ms.

Pursuant to the Financing Agreement{s] between Virginia Resources Authority and The
Russell County Public Service Authority, a copy of the fiscal year [20x] annual budget is
enclosed. Such annual budget provides for the satisfaction of the rate covenant as demonstrated

below

Revenues! ‘Operation & Maintenance | Net Revenues Available | Debt Service | Coverage
Expense for Debt Service (Net Revenues Available for
(Revenues — O&M Expense) Debt Service/Debt Service)

TOF the amount set forth here as Revenues, S is derived from a transfer from the County of Russell,

Virginia’s general fund pursuant to the Support Agreement.

All capitalized terms used herein shall have the meaning set forth in the Financing
Agreement{s].

Very truly yours,

Its:





 

 

EXHIBIT H 
 

OPERATING DATA 
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY 

WSL-012-22 
 
 

Description of Borrower.  A description of the Borrower including a summary 
description of the System and its management and officers. 
 

Debt.  A description of the terms of the Borrower’s outstanding debt, including a 
historical summary of outstanding debt and a summary of annual debt service on outstanding 
debt as of the end of the preceding Fiscal Year.  The Annual Financial Information should also 
include (to the extent not shown in the latest audited financial statements) a description of 
contingent obligations as well as pension plans administered by the Borrower and any unfunded 
pension liabilities. 

 
Financial Information and Operating Data.  Financial information for the System as of 

the end of the preceding Fiscal Year, including a description of revenues and expenditures, 
largest users, a summary of rates, fees and other charges of the System, and a historical summary 
of debt service coverage. 

EXHIBIT H

OPERATING DATA
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
WSL-012-22

Description of Borrower. A description of the Borrower including a summary
description of the System and its management and officers.

Debt. A description of the terms of the Borrower's outstanding debt, including a
historical summary of outstanding debt and a summary of annual debt service on outstanding
debt as of the end of the preceding Fiscal Year. The Annual Financial Information should also
include (to the extent not shown in the latest audited financial statements) a description of
contingent obligations as well as pension plans administered by the Borrower and any unfunded
pension liabilities.

Financial Information and Operating Data. Financial information for the System as of
the end of the preceding Fiscal Year, including a description of revenues and expenditures,
largest users, a summary of rates, fees and other charges of the System, and a historical summary
of debt service coverage




 
 

 

 

EXHIBIT I 
 

SUPPORT AGREEMENT 
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY 

WSL-012-22 
 
 
THIS SUPPORT AGREEMENT is made as of the first day of ________, 2023, by and 

among the BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA (the 
“Board”), acting as the governing body of Russell County, Virginia (the “County”), THE 
RUSSELL COUNTY PUBLIC SERVICE AUTHORITY (the “Borrower”), and the 
VIRGINIA RESOURCES AUTHORITY (the “Authority”), as Administrator of the 
VIRGINIA WATER SUPPLY REVOLVING FUND (the “Fund”) and as purchaser of the 
Local Bond, as hereinafter defined, pursuant to a Financing Agreement dated as of the date 
hereof (the “Financing Agreement”), between the Authority and the Borrower. 
 

RECITALS: 
 
 WHEREAS, the Borrower was created by the Board pursuant to the Virginia Water and 
Waste Authorities Act (Chapter 51, Title 15.2, Code of Virginia of 1950, as amended) and owns 
and operates the System in the County; and 
 
 WHEREAS, the Borrower has determined that it is in its best interest to issue and sell a 
water and sewer system revenue bond in an original aggregate principal amount not to exceed 
$__________ (the “Local Bond”) to the Authority, as Administrator of the Fund, pursuant to the 
terms of the Financing Agreement in order to finance the Project; and 
 
 WHEREAS, the Board adopted on ___________, 20__, a resolution authorizing, among 
other things, the execution of an agreement providing for a non-binding obligation of the Board 
to consider certain appropriations in support of the Local Bond and the Project. 
 

AGREEMENT 
 
 NOW, THEREFORE, for and in consideration of the foregoing and of the mutual 
covenants herein set forth, the parties hereto agree as follows:  
 
  1. Unless otherwise defined, each capitalized term used in this Support Agreement 
shall have the meaning given it in the Financing Agreement. 
 
  2. The Borrower shall use its best efforts to issue the Local Bond, to use the 
proceeds thereof to pay the costs of the Project, and to construct and place the Project in 
operation at the earliest practical date. 
 
  3. No later than May 15 of each year, beginning May 15, 20[24], the Borrower shall 
notify the Board of the amount (the “Annual Deficiency Amount”) by which the Borrower 
reasonably expects the Revenues to be insufficient to pay (i) the debt service obligations under 

EXHIBIT I

SUPPORT AGREEMENT
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
WSL-012-22

‘THIS SUPPORT AGREEMENT is made as of the first day of » 2023, by and
among the BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA (the
“Board”), acting as the governing body of Russell County, Virginia (the “County”), THE
RUSSELL COUNTY PUBLIC SERVICE AUTHORITY (the “Borrower”), and the
VIRGINIA RESOURCES AUTHORITY (the “Authority”), as Administrator of the
VIRGINIA WATER SUPPLY REVOLVING FUND (the “Fund”) and as purchaser of the
Local Bond, as hereinafter defined, pursuant to a Financing Agreement dated as of the date
hereof (the “Financing Agreement”), between the Authority and the Borrower.

RECITALS:

WHEREAS, the Borrower was created by the Board pursuant to the Virginia Water and
Waste Authorities Act (Chapter 51, Title 15.2, Code of Virginia of 1950, as amended) and owns
and operates the System in the County; and

WHEREAS, the Borrower has determined that it is in its best interest to issue and sell a
water and sewer system revenue bond in an original aggregate principal amount not to exceed

s (the “Local Bond”) to the Authority, as Administrator of the Fund, pursuant to the
terms of the Financing Agreement in order to finance the Project; and

WHEREAS, the Board adopted on . 20__, a resolution authorizing, among
other things, the execution of an agreement providing for a non-binding obligation of the Board
to consider certain appropriations in support of the Local Bond and the Project.

AGREEMENT

NOW, THEREFORE, for and in consideration of the foregoing and of the mutual
covenants herein set forth, the parties hereto agree as follows:

1. Unless otherwise defined, each capitalized term used in this Support Agreement
shall have the meaning given it in the Financing Agreement.

2. The Borrower shall use its best efforts to issue the Local Bond, to use the
proceeds thereof to pay the costs of the Project, and to construct and place the Project in
operation at the earliest practical date.

3. No later than May 15 of each year, beginning May 15, 20[24], the Borrower shall
notify the Board of the amount (the “Annual Deficiency Amount”) by which the Borrower
reasonably expects the Revenues to be insufficient to pay (i) the debt service obligations under




 
 

 

 

the Financing Agreement, the Local Bond and any other indebtedness secured by or payable 
from the Revenues, including the Existing Parity Bonds set forth on Exhibit F to the Financing 
Agreement, (ii) the Operation and Maintenance Expense, and (iii) the Additional Payments in 
full as and when due during the County’s fiscal year beginning the following July 1. 

 
 4. The County Administrator of the County (the “County Administrator”) shall 

include the Annual Deficiency Amount in his budget submitted to the Board for the following 
fiscal year as an amount to be appropriated to or on behalf of the Borrower.  The County 
Administrator shall deliver to the Authority within ten days after the adoption of the County’s 
budget for each fiscal year, but not later than July 15 of each year, a certificate stating whether 
the Board has appropriated to or on behalf of the Borrower an amount equal to the Annual 
Deficiency Amount. 
 
  5. If at any time Revenues shall be insufficient to make any of the payments referred 
to in paragraph 3 hereof, the Borrower shall notify the County Administrator of the amount of 
such insufficiency and the County Administrator shall request a supplemental appropriation from 
the Board in the amount necessary to make such payment.  
 
  6. The County Administrator shall present each request for appropriation pursuant to 
paragraph 5 above to the Board, and the Board shall consider such request, at the Board’s next 
regularly scheduled meeting at which it is possible to satisfy any applicable notification 
requirement.  Promptly after such meeting, the County Administrator shall notify the Authority 
as to whether the amount so requested was appropriated.  If the Board shall fail to make any such 
appropriation, the County Administrator shall add the amount of such requested appropriation to 
the Annual Deficiency Amount reported to the County by the County Administrator for the 
County’s next fiscal year.  
 
  7. The Board hereby undertakes a non-binding obligation to appropriate such 
amounts as may be requested from time to time pursuant to paragraphs 4 and 5 above, to the 
fullest degree and in such manner as is consistent with the Constitution and laws of the 
Commonwealth of Virginia.  The Board, while recognizing that it is not empowered to make any 
binding commitment to make such appropriations in future fiscal years, hereby states its intent to 
make such appropriations in future fiscal years, and hereby recommends that future Boards of 
Supervisors do likewise.  
 
 8. The Board acknowledges that (i) the Authority would not purchase the Local 
Bond without the security and credit enhancement provided by this Agreement, and (ii) the 
Authority is treating this Agreement as a “local obligation” within the meaning of Section 62.1-
199 of the Code of Virginia of 1950, as amended (the “Virginia Code”), which in the event of a 
nonpayment hereunder authorizes the Authority to file an affidavit with the Governor that such 
nonpayment has occurred pursuant to Section 62.1-216.1 of the Virginia Code.  In purchasing 
the Local Bond, the Authority is further relying on Section 62.1-216.1 of the Virginia Code, 
providing that if  the Governor is satisfied that the nonpayment has occurred, the Governor will 
immediately make an order directing the Comptroller to withhold all further payment to 
the County of all funds, or of any part of them, appropriated and payable by the Commonwealth 
of Virginia to the County for any and all purposes, and the Governor will, while the nonpayment 

the Financing Agreement, the Local Bond and any other indebtedness secured by or payable
from the Revenues, including the Existing Parity Bonds set forth on Exhibit F to the Financing
Agreement, (ii) the Operation and Maintenance Expense, and (iii) the Additional Payments in
full as and when due during the County’s fiscal year beginning the following July 1

4, The County Administrator of the County (the “County Administrator”) shall
include the Annual Deficiency Amount in his budget submitted to the Board for the following
fiscal year as an amount to be appropriated to or on behalf of the Borrower. The County
Administrator shall deliver to the Authority within ten days after the adoption of the County’s.
budget for each fiscal year, but not later than July 15 of each year, a certificate stating whether
the Board has appropriated to or on behalf of the Borrower an amount equal to the Annual
Deficiency Amount.

5. Ifat any time Revenues shall be insufficient to make any of the payments referred
to in paragraph 3 hereof, the Borrower shall notify the County Administrator of the amount of
such insufficiency and the County Administrator shall request a supplemental appropriation from
the Board in the amount necessary to make such payment,

6. The County Administrator shall present each request for appropriation pursuant to
paragraph 5 above to the Board, and the Board shall consider such request, at the Board’s next
regularly scheduled meeting at which it is possible to satisfy any applicable notification
requirement. Promptly after such meeting, the County Administrator shall notify the Authority
as to whether the amount so requested was appropriated. If the Board shall fail to make any such
appropriation, the County Administrator shall add the amount of such requested appropriation to
the Annual Deficiency Amount reported to the County by the County Administrator for the
County's next fiscal year.

7. The Board hereby undertakes a non-binding obligation to appropriate such
amounts as may be requested from time to time pursuant to paragraphs 4 and 5 above, to the
fullest degree and in such manner as is consistent with the Constitution and laws of the
Commonwealth of Virginia. The Board, while recognizing that it is not empowered to make any
binding commitment to make such appropriations in future fiscal years, hereby states its intent to
make such appropriations in future fiscal years, and hereby recommends that future Boards of
Supervisors do likewise.

8. The Board acknowledges that (i) the Authority would not purchase the Local
Bond without the security and credit enhancement provided by this Agreement, and (ii) the
‘Authority is treating this Agreement as a “local obligation” within the meaning of Section 62.1-
199 of the Code of Virginia of 1950, as amended (the “Virginia Code”), which in the event of a
nonpayment hereunder authorizes the Authority to file an affidavit with the Governor that such
nonpayment has occurred pursuant to Section 62.1-216.1 of the Virginia Code. In purchasing
the Local Bond, the Authority is further relying on Section 62.1-216.1 of the Virginia Code,
providing that if the Governor is satisfied that the nonpayment has occurred, the Governor will
immediately make an order directing the Comptroller to withhold all further payment to
the County of all funds, or of any part of them, appropriated and payable by the Commonwealth
of Virginia to the County for any and all purposes, and the Governor will, while the nonpayment




 
 

 

 

continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of 
them as is necessary, to the Authority, so as to cure, or cure insofar as possible, such 
nonpayment. 
 
  9. Nothing herein contained is or shall be deemed to be a lending of the credit of the 
County to the Borrower, the Authority or to any holder of the Local Bond or to any other person, 
and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the 
taxing power of the County, nor shall anything herein contained legally bind or obligate the 
Board to appropriate funds for the purposes described herein.  
 
  10. Any notices or requests required to be given hereunder shall be deemed given if 
sent by registered or certified mail, postage prepaid, addressed (i) if to the County, to 137 
Highland Drive, Lebanon, Virginia  24266, Attention: County Administrator, (ii) if to the 
Borrower, to 137 Highland Drive, Lebanon, Virginia  24266, Attention:  Chairman, and (iii) if to 
the Authority, to 1111 East Main Street, Suite 1920, Richmond, Virginia, 23219, Attention: 
Executive Director.  Any party may designate any other address for notices or requests by giving 
notice.  
 
 11. It is the intent of the parties hereto that this Agreement shall be governed by the 
laws of the Commonwealth of Virginia.  

 
 12. This Agreement shall remain in full force and effect until the Local Bond and all 
other amounts payable by the Borrower under the Financing Agreement have been paid in full.  
 
 13. This Agreement may be executed in any number of counterparts, each of which 
shall be an original and all of which together shall constitute but one and the same instrument. 
 
 

[Signature page follows] 
 

continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of
them as is necessary, to the Authority, so as to cure, or cure insofar as possible, such
nonpayment.

9. Nothing herein contained is or shall be deemed to be a lending of the credit of the
County to the Borrower, the Authority or to any holder of the Local Bond or to any other person,
and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the
taxing power of the County, nor shall anything herein contained legally bind or obligate the
Board to appropriate funds for the purposes described herein.

10. Any notices or requests required to be given hereunder shall be deemed given if
sent by registered or certified mail, postage prepaid, addressed (i) if to the County, to 137
Highland Drive, Lebanon, Virginia 24266, Attention: County Administrator, (ii) if to the
Borrower, to 137 Highland Drive, Lebanon, Virginia 24266, Attention: Chairman, and (iii) if to
the Authority, to 1111 East Main Street, Suite 1920, Richmond, Virginia, 23219, Attention:
Executive Director. Any party may designate any other address for notices or requests by gi
notice.

ing

11. Itis the intent of the parties hereto that this Agreement shall be governed by the
laws of the Commonwealth of Virginia

12. This Agreement shall remain in full force and effect until the Local Bond and all
other amounts payable by the Borrower under the Financing Agreement have been paid in full.

13. This Agreement may be executed in any number of counterparts, each of which
shall be an original and all of which together shall constitute but one and the same instrument.

[Signature page follows]




 
 

21955433.v1 

 

 IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be 
executed in their respective names as of the date first above written.  
 
 

BOARD OF SUPERVISORS OF RUSSELL COUNTY, 
VIRGINIA 
 
 
 
By: ____________________________________________ 
 
Title: ___________________________________________ 
 
    
 
THE RUSSELL COUNTY PUBLIC SERVICE 
AUTHORITY 
 
 
 
By: ____________________________________________ 
 
Title: ___________________________________________ 
 

 
 

VIRGINIA RESOURCES AUTHORITY, as 
Administrator of the Virginia Water Supply Revolving 
Fund 
 
 
 
By: ____________________________________________ 

Shawn B. Crumlish 
Executive Director 

 
 
 

IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be
executed in their respective names as of the date first above written.

21955433.v1

BOARD OF SUPERVISORS OF RUSSELL COUNTY,
VIRGINIA

Title:

THE RUSSELL COUNTY PUBLIC SERVICE
AUTHORITY

By:

Title:

VIRGINIA RESOURCES AUTHORITY, as
Administrator of the Virginia Water Supply Revolving
Fund

By:

Shawn B. Crumlish
Executive Director




 

 
 
 

 
 

1100 Bank Street 

Washington Building – First Floor 

Richmond, VA 23219-3947 

elections.virginia.gov 

Toll Free: (800) 552-9745 

TDD: (800) 260-3466 

[email protected] 

 

TO: Diana R. Shorter and Lonzo Lester, Russell County  

FROM: Kevin A. Hill  

   Business Manager  

  Department of Elections (ELECT) 

DATE: November 3, 2023 

SUBJECT: 2023-2024 Authorized General Registrar and Local Electoral Board Member Salaries Update 

for Russell County 

The Code of Virginia (§24.2-108 and §24.2-111) mandates the governing body of each county or city to 

pay compensation to their general registrar and electoral board members in accordance with the 

compensation expense plan established in the Annual Virginia Acts of Assembly. This correspondence sets 

the authorized state compensation to be paid to your general registrar and electoral board members effective 

July 1, 2023 through June 30, 2024 as shown in table 1. The tables include the amount authorized for the 

period of March 1, 2023 through February 29, 2024 to help with your 2024 reimbursement request. The 

authorized general registrar salary and electoral board compensation are computed using the latest 

(Published January 2023) population estimates from the University of Virginia’s Weldon Cooper Center 

for Public Service, Demographics & Workforce.  

Authorized Salary for General Registrar 

The authorized salary rates for your local general registrar are shown in table 1 and only reflect annual 

salary as locality’s process payrolls differently. Your local governing body will be reimbursed by the 

Department of Elections for state authorized salary payments to the extent of funds provided in the Annual 

Virginia Acts of Assembly. The authorized salary takes into account changes made by the General 

Assembly and Governor to adjust General Registrar salaries by five-percent effective July 1, 2023 

and additional adjustment of two-percent effective December 1, 2023. 

Your local governing body is also required to provide benefits to the general registrar, deputy registrars and 

the registrar’s staff as provided to other employees of your locality. Local governments are also required to 

pay the reasonable expenses of the general registrar, including reimbursement for mileage at the rate payable 

to members of the General Assembly. Reasonable expenses include, but are not limited to, costs for: (i) an 

adequately trained registrar's staff, including training in the use of computers and technology to the extent 

provided to other local employees with similar job responsibilities, and reasonable costs for the general 

registrar to attend annual training offered by the Department of Elections; (ii) adequate training for officers 

of election; (iii) conducting elections as required; and (iv) voter education. Local governing bodies may 

supplement the annual salary of the general registrar. However, the supplement, expenses, and mileage of 

the general registrar, are not reimbursable from the State Treasury. 

Electoral Board Authorized Compensation 

Table 1 shows the authorized state annual salary rates for your Electoral Board (EB) members. These 

amounts are to be paid by your local government during the period of July 1, 2023 through June 30, 2024. 

Also included in the table is the amount authorized for the period of March 1, 2023 through February 29, 

wy) * VIRGINIA *
DEPARTMENT of ELECTIONS

TO: Diana R. Shorter and Lonzo Lester, Russell County

FROM: Kevin A. Hill DE

Business Manager
Department of Elections (ELECT)

DATE: November 3, 2023

SUBJECT: 2023-2024 Authorized General Registrar and Local Electoral Board Member Salaries Update
for Russell County

‘The Code of Virginia (§24.2-108 and §24.2-111) mandates the governing body of each county or city to
pay compensation to their general registrar and electoral board members in accordance with the
compensation expense plan established in the Annual Virginia Acts of Assembly. This correspondence sets
the authorized state compensation to be paid to your general registrar and electoral board members effective
July 1, 2023 through June 30, 2024 as shown in table 1. The tables include the amount authorized for the
period of March 1, 2023 through February 29, 2024 to help with your 2024 reimbursement request. The
authorized general registrar salary and electoral board compensation are computed using the latest
(Published January 2023) population estimates from the University of Virginia’s Weldon Cooper Center
for Public Service, Demographics & Workforce.

Authorized Salary for General Registrar

The authorized salary rates for your local general registrar are shown in table | and only reflect annual
salary as locality’s process payrolls differently. Your local governing body will be reimbursed by the
Department of Elections for state authorized salary payments to the extent of funds provided in the Annual
Virginia Acts of Assembly. The authorized salary takes into account changes made by the General
Assembly and Governor to adjust General Registrar salaries by five-percent effective July 1, 2023
and additional adjustment of two-percent effective December 1, 2023.

‘Your local governing body is also required to provide benefits to the general registrar, deputy registrars and
the registrar's staff as provided to other employees of your locality. Local governments are also required to
pay the reasonable expenses of the general registrar, including reimbursement for mileage at the rate payable
to members of the General Assembly. Reasonable expenses include, but are not limited to, costs for: (i) an
adequately trained registrar's staff, including training in the use of computers and technology to the extent
provided to other local employees with similar job responsibilities, and reasonable costs for the general
registrar to attend annual training offered by the Department of Elections; (ji) adequate training for officers
of election; (iii) conducting elections as required; and (iv) voter education. Local governing bodies may
supplement the annual salary of the general registrar. However, the supplement, expenses, and mileage of
the general registrar, are not reimbursable from the State Treasury.

Electoral Board Authorized Compensation

Table 1 shows the authorized state annual salary rates for your Electoral Board (EB) members. These
amounts are to be paid by your local government during the period of July 1, 2023 through June 30, 2024.
Also included in the table is the amount authorized for the period of March 1, 2023 through February 29,

1100 Bank Stre: Toll Free: (800) 552-9745
Washington Building — First Floor TDD: (800) 260-3466

Richmond, VA 23219-3947

info@elections. virginia.gov
clections.virginia gov




 
 

 

 

 

2 | P a g e  

2024 to help with your 2024 reimbursement request. The authorized salaries include a five-percent salary 

increase for fiscal year 2024 effective July 1, 2023 and additional adjustment of two-percent effective 

December 1, 2023. 

Mileage & Expenses 

The governing body of any county or city may pay the secretary of its electoral board additional allowance 

for expenses as it deems appropriate but there shall be no reimbursement out of the State Treasury for such 

expenses. 

The authorized mileage rate for general registrars, their staff and local electoral board members is to be paid 

at the rate listed by the federal government at the IRS website (http://www.irs.gov/Tax-

Professionals/Standard-Mileage-Rates/) at the time of travel, counties and cities shall not be reimbursed 

from State Treasury for mileage paid to general registrars or members of electoral boards. 

Reimbursements from State Treasury 

Annually, the Department of Elections reimburses your local government for the state authorized salaries 

based on population paid to the general registrar and your local electoral board members. As stated, the 

reimbursements will not include local supplements, mileage and expenses of the general registrar or local 

electoral board only the state authorized amount contingent to the extent of funds provided. 

The Appropriations Act permits the governing body of any county or city to pay the secretary of its electoral 

board additional allowance for expenses as it deems appropriate. However, the Department of Elections 

will not reimburse the additional allowances. 

If you have any questions regarding the above information, please contact the Department of Elections 

Fiscal staff at (804) 864-8950 or send an email to [email protected]. 

  

cc:      General Registrar 

  

 

2024 to help with your 2024 reimbursement request. The authorized salaries inelude a five-percent salary
increase for fiscal year 2024 effective July 1, 2023 and additional adjustment of two-percent effective
December 1, 2023.

Mileage & Expenses
The governing body of any county or city may pay the secretary of its electoral board additional allowance

for expenses as it deems appropriate but there shall be no reimbursement out of the State Treasury for such
expenses.

The authorized mileage rate for general registrars, their staff and local electoral board members is to be paid
at the rate listed by the federal government at the IRS website (hitp://www.irs.gov/Tax-
Professionals/Standard-Mileage-Rates/) at the time of travel, counties and cities shall not be reimbursed
from State Treasury for mileage paid to general registrars or members of electoral boards.

Reimbursements from State Treasury
Annually, the Department of Elections reimburses your local government for the state authorized salaries
based on population paid to the general registrar and your local electoral board members. As stated, the
reimbursements will not include local supplements, mileage and expenses of the general registrar or local
electoral board only the state authorized amount contingent to the extent of funds provided.

The Appropriations Act permits the governing body of any county or city to pay the secretary of its electoral
board additional allowance for expenses as it deems appropriate. However, the Department of Elections
will not reimburse the additional allowances.

If you have any questions regarding the above information, please contact the Department of Elections
Fiscal staff at (804) 864-8950 or send an email to [email protected]. gov.

ce: General Registrar

2|Page




 

 
 
 

 
 

1100 Bank Street 

Washington Building – First Floor 

Richmond, VA 23219-3947 

elections.virginia.gov 

Toll Free: (800) 552-9745 

TDD: (800) 260-3466 

[email protected] 

 

 

 Reimbursement Period (3/1/2023-2/28/2024) – Annual Amounts Next Reimbursement Period 
Reimburse-
ment Period 

Amount 

 2023 Calendar Year 2024 Calendar Year  

March 
FY23 

April 
FY23 

May 
FY23 

June 
FY23 

July 
FY24 

Aug 
FY24 

Sept 
FY24 

Oct 
FY24 

Nov 
FY24 

Dec 
FY24 

Jan 
FY24 

Feb 
FY24 

March  
FY24 

April 
FY24 

May 
FY24 

June 
FY24 

 
 

 

GENERAL 

REGISTRAR 

$87,658 $87,658 $87,658 $87,658 $92,041 $92,041 $92,041 $92,041 $92,041 $93,882 $93,882 $93,882 $93,882 $93,882 $93,882 $93,882 $91,040 

EL
EC

TO
R

A
L 

 B
O

A
R

D
 Secretary 

 
$4,878 $4,878 $4,878 $4,878 $5,122 $5,122 $5,122 $5,122 $5,122 $5,224 $5,224 $5,224 $5,224 $5,224 $5,224 $5,224 $10,133 

Chairman $2,439 $2,439 $2,439 $2,439 $2,561 $2,561 $2,561 $2,561 $2,561 $2,612 $2,612 $2,612 $2,612 $2,612 $2,612 $2,612 

Vice-
Chair 

$2,439 $2,439 $2,439 $2,439 $2,439 $2,439 $2,439 $2,439 $2,439 $2,612 $2,612 $2,612 $2,612 $2,612 $2,612 $2,612 

Table 1: Authorized Salaries – GR and Electoral Board Members for Russell County (51167) 
 

 

 

* VIRGINIA *
DEPARTMENT of ELECTIONS

Reimbursement Period (3/1/2023-2/28/2024) ~ Annual Amounts

2023 Calendar Year

lan | Feb
Fr24FY24.

Marc
F

72024 Calendar Year

April
F248

Reimburse
ment Period

[GENERAL $87,658 | $87,658 | $87,658 | $87,658 | $92,041 | $92,041 | $92,041 | $92,041 | $92,041 | $93,882 | $93,882 | $93,882 | $93,882 | $93,882 | $93,882 | $93,882

eoisTRAR

[secretary | $4,878 | $478 | $4878 | S4a7e | $5,122 | $5,122 | $522 | $5122 | $5122 | $5,224 | $5,224 | $5224 | $5220 | $5224 | $5,220 | $5,228 | $10,133
© chairman] $2,489 | $2439 | $2,439 | $2,439 | $2,561 | $2561 | $2561 | $2561 | $2,561 | $2812 | $2,612 | $2,612 | Saeia | S612 | Sala | S2el2

3

G vice: | $2439 | $2,439 | $2,439 | $2,439 | $2,439 | $2,439 | $2,439 | $2,439 | $2,439 | $2612 | S2ei2 | S2ei2 | $2ei2 | $2ex2 | S2ei2 | $2612

| Chair

Table 1: Authorized Salaries — GR and Electoral Board Members for Russell County (51167)

1100 Bank Street

Washington Building — First Floor
Richmond, VA 23219-3947
elections.virginia.gov

Toll Free: (800) 552-9745
TDD: (800) 260-3466
[email protected]





Virginia Department of Emergency Management

FY2024. PSAP GRANT FUNDING REIMBURSEMENT FORM

(NOT INTENDED FOR PEP GRANT FUNDING REIMBURSEMENT)

‘Date Submitted by PSAP PLEASE COMPLETE FORM AND SUBMIT IN EDITABLE
PSAP Name- FIPS (Dropdown) ast aun FORMAT SEPARATE FROM THE SUPPORTING
500 EIN 005509 DOCUMENTATON WITHIN THE SAME EMAIL TO:
PSAP Address 79 Roger ve Lebanon Va 2266
Grant Frnesrareoss [email protected]
Contact Name pr
Contact Email/Telephone # tei cleave

REIMBURSEMENT REQUEST FUNDING CATEGORT ("alec only ONE foning category Yor each fom sabe)

‘Staff Recopiton STAFF] 1000___ Reponal Enhancement (REG-ENH)__Consldation (ONS) Ce Funding (CHE)

teu re E65)___ ota Natrane & st Taste ONT]_ Data ree ATA
Vendor Invoice Date Invoice # ‘otal invoice Amount Comments

[Russell County. $ 28,750.00.

$

$

$ z

$ =
Cc $ 5

(TOTAL REIMBURSEMENT: $ 728,750.00 |
[VDEM USE ONLY INVOICE (fecal year date processed rant) [NGS COMMENTS:
[Award Balance After Prt: Balance eFunds
Date Received Date Processed
rogram Manager Approval
FRE TOC ST COT

CODING: FUND 09281 PROG 712002 DEPT 98518100 i eainaaiai
COST CTR 983080 ACCT CODE 5014310

EIN - Locality's Tax ID




Hon Kevin W. Hall
Sheriff
Vice Chairman
ity of Covington

Sharon Lavirenee
‘Treasurer
Comptroller

Justin Martin
Finance Director
Careol County

Julie Henry
Virginia State Police

Gary Critzer
Emergency Mgmi EMS Dit
City of Waynesboro

‘Todd Brewster
Police Chief
‘Town of Blacksburg

Terry Bis
‘Comeast

John DiBacco
Fire Chief
City of Norfolk

Patricia Turner
Loudoun County

Pete Hatcher
Arar

Michelle Pinter Lama
T Mobile

Matthew Ogburn
‘Verizon Comminications

Robert Osmond
‘C1O- VITA

Judson W. Smith
Bedford County

Gabe Elias
SWIC.
Advisor

Dorothy Spears-Dean, Ph).

Deputy State Coordinator
‘VDI

(604) 840-7260

Mary Binford

Virginia 9-1-1 Services Board DEM

(804) 536-8177

September 28, 2023
Dear Russell PSAP:

Tam pleased to advise you that the Virginia 9-1-1 Services Board has
approved your FY24 Staffing Recognition grant request on 9/14/2023.
‘You have been awarded the following grant

Grant ID: FY24-STAFF-095
Award Amount: $30,000.00
Award Period Start: 9/14/2023
Award Period End: 6/30/2024

Payment will be made on a reimbursement basis only for allowable costs.
All funding requests must be submitted on the PSAP Grant Funding
Reimbursement Form and submitted to [email protected].
All supporting documentation required by the grant guidelines should be
attached to the form when it is submitted.

Ifyou need to review the grant guidelines or need copies of grant
reimbursement forms, you can visit the Public Safety Communications
Division website which is located at https://pse.vdem.virginia.gov/.
All grant funds for this award must be expended by 6/30/2024.

Ifyou have any questions, please do not hesitate to contact me or your
NGS Outreach Manager. Questions can also be directed to the PSAP
Grants mailbox: psapgrants@vdem virginia.gov.

Congratulations on your grant award!

Sincerely,

Mary Binford

Public Safety Communications Coordinator

‘Saving lives through effective emergency management and homeland security.
"AReady Virginia is a Resilient Virginia.”




IR DEMS .
Sy XS Virginia Department of

= ra
a Gp) Fa Emergency Management
WS

GENCY WS

PSAP Grant Program for
Staffing Recognition
Guidelines

NIRGINIA DEPART MEWT OF

DEM

EMERGENCY MANAGEMENT




TABLE OF CONTENTS

INTRODUCTION ....
PSAP Grant Committee (PGC)

Auditing...
Errors .
Definitions...

INTRODUCTION TO THE STAFF RECOGNITION FUNDING PROGRAM
Purpose ...

Eligibility.....
Grant Cycle...
How to Apply/Dea‘
Funding Amounts.....
Grant Award Amendments.....

Grant Progress Reports
Grant Award Extension .

STAFF RECOGNITION FUNDING PROGRAM BRIEF
Purpose .....
Funding Allocation
Program Concept .
Goals and Objectives
Implementation
Outcomes/Evaluatior

PAYMENT REQUEST A\
Payment Request Process...

FY24 Funding Reimbursement Form
Grant Award Closur

APPENDIX A: FY24 PSAP GRANT APPLICATION FOR THE STAFFING
RECOGNITION FUNDING PROGRAM..
APPENDIX B: VIRGINIA PRIMARY PSAPs.

Page | 2





INTRODUCTION

Virginia PSAP Grant Programs financially assist primary PSAPs. Funding is
made available through the Code of Virginia and administered by the Board.
Funding is limited to those projects that fall within the programmatic areas
identified in the guidelines for a fiscal year. As a result, requests from PSAPs
for exceptions to the guidelines are discouraged.

The PSAP Grant Program has been established in the Code of Virginia, §56-
484.17(D):

Wireless E-911 Fund; uses of Fund; enforcement; audit required:

.. 40 percent of the Fund-shall be distributed to PSAPs or on behalf of
PSAPs based on grant requests received by the Board each fiscal year.
The Board shall establish criteria for receiving and making grants from
the Fund, including procedures for determining the amount of a grant
and payment schedule; however, priority shall be given to grants that
support the deployment and sustainment of NG9-1-1.

PSAP Grant Committee (PGC)

The Board chair makes appointments to the PSAP Grant Program's Grant
Committee. Membership to the PGC is staggered and appointments are
made for three-year terms. Members can be reappointed for only one
additional consecutive term. Committee members serve at the discretion of
the Board’s chairperson. At all times, the Grant Committee membership shall
consist of at least two Board members.

Members of the Grant Committee should adequately represent the
geographic diversity of the Commonwealth, the varied operational capacities
of Virginia primary PSAPs, and public safety professional organizations.

Accordingly, a nine-person Grant Committee is established consisting of the
following individuals:

Two Board members (one of which will chair the committee)

e Four primary PSAP representatives (two of which will represent APCO
and NENA)

e Three at-large members

Members with the same organizational affiliation will have different
reappointment and replacement schedules:

Page | 3




e Replacement/Reappointment Schedule 1:

- one Board member (co-chair)

- two primary PSAP representatives (one of which will represent
APCO)

- and two at-large members

e Replacement/Reappointment Schedule 2:

= one Board member (chair)

= two primary PSAP representatives (one of which will represent
NENA)

- and one at-large member

Each year, in anticipation of the upcoming grant application cycle, the Grant
Committee recommends grant guidelines and funding priorities. The Grant
Committee will also make recommendations to the Board regarding the
development of any criteria for awarding grants, and the proposal of any
necessary changes to the administration of the PSAP Grant Program.

The Grant Committee will meet multiple times a year to evaluate all
complete and eligible applications. Furthermore, the committee has the
discretion to make case by case evaluations and recommendations for
approval or disapproval of all submitted applications.

Auditing

The Board shall audit funding received by all recipients to ensure that it was
utilized in accordance with the award requirements. If it is determined that
the funding was misused, or if the guidelines were not adhered to, the
commonwealth may take appropriate action to the extent permitted by law,
including, and not limited to, requiring the return of the funds.

Errors

If NGS staff discovers that a funding or grant award is not consistent with
Board action, NGS staff will notify the PSAP by email about the error and
take corrective action.

Definitions

Page | 4




Public Safety Answering Point (PSAP) - A facility equipped and staffed ona
24-hour basis to receive and process E9-1-1 calls or that intends to receive
and process E9-1-1 calls and has notified commercial mobile radio service
(CMRS) providers in its jurisdiction of its intention to receive and process
such calls.

Wireless E-911 Fund - A dedicated fund consisting of all moneys collected
pursuant to the Wireless E-911 surcharge, as well as any additional funds
otherwise allocated or donated to the Wireless E-911 Fund.

Page | 5




INTRODUCTION TO THE STAFF RECOGNITION FUNDING
PROGRAM

Purpose

The PSAP Staffing Recognition Funding Program was requested by Virginia
PSAPs to help address the staffing crisis experienced by Virginia PSAPs.

Eligibility
Any Virginia primary PSAP is eligible to apply for and receive funding for
FY24. Virginia State Police (VSP) dispatch positions and local law
enforcement dispatch positions that receive Wireless E-911 funding are also

eligible. Secondary PSAPs are not eligible for funding. A PSAP or locality may
only apply once for the PSAP Staffing Recognition Program.

Grant Cycle

The FY24 PSAP Grant programs are available in an award period that runs
consistent with the Commonwealth of Virginia's fiscal year.
e The FY24 grant application cycle begins on July 1, 2023 and will
remain open until 5:00 pm on August 15, 2023.
¢ Applications will be reviewed at the August 29, 2023 PSAP Grant
Committee meeting.
e The 9-1-1 Services Board will vote on FY24 applications at the
September 14, 2023 meeting.
¢ Written notification of awards will occur in September 2023.
e The award period is September 14, 2023 to June 30, 2024.
¢ All grant funds must be expended by the end of the grant award
period.
PSAP Staffing Recognition Funding program grants are not eligible for
extensions.

How to Apply/Deadline

The FY24 application cycle begins on July 1, 2023. Applications for the Data
Enhancement programs must be submitted electronically to
[email protected] using the appropriate form with copy to the
Regional Outreach Manager by 5:00 pm on August 15, 2023. An email
receipt notification will be sent to the email address listed on the application.
After the close of the application cycle, a Grant ID will be assigned and sent
to the email address listed on the application received. Incomplete
applications will not be accepted for consideration.

Page | 6




Funding Amounts

PSAP Staffing Recognition funding is based on an approved full-time
equivalent (FTE) rate. The amount each PSAP is eligible for is calculated by
applying this FTE rate to the total pre-determined FTE authorization for each
eligible staffing category. Funding amounts are $2,500 per each eligible full-
time employee and $1,250 per each eligible part-time employee.

Grant Award Amendments
Funding award amendments are not typically issued. If there is a need to

change to focus of the project from its original intended use, the PSAP can
work with the Program Manager for review.

Grant Progress Reports

PSAP Staffing Recognition Funding program awards do not require a
progress report.

Grant Award Extension

The PSAP Staffing Recognition Funding program awards are a one-year grant
and not eligible for grant award extensions.

Page | 7




STAFF RECOGNITION FUNDING PROGRAM BRIEF

Purpose

Provide one-time funding to PSAPs to enable them to recognize and retain
their telecommunicators.

Funding Allocation

PSAPs may request $2,500 for each full-time grant eligible position and
$1,250 for each part-time grant eligible position.

Program Concept

Virginia PSAPs are experiencing a staffing crisis. The 9-1-1 Services Board
wants to demonstrate its support for the 9-1-1 community and help to
alleviate this staffing crisis by providing one-time funding to PSAPs to enable
them to recognize and retain their telecommunicators.

Grant eligible position categories:

A. Authorized full-time 9-1-1 dispatcher/telecommunicator positions,
including vacancies

B. Approved full-time 9-1-1 dispatcher/telecommunicator over hire
positions

C. Authorized full-time PSAP managers, supervisors, and administrative
employees who are certified and actively work on the 9-1-1/operations
floor as part of their primary duties or as required during staffing
shortages or emergencies

D. Authorized part-time 9-1-1 dispatcher/telecommunicator positions

£. Authorized full-time and part-time VSP #77
dispatcher/telecommunicator positions, supervisors, and
administrative employees who are certified and actively work on the
VSP dispatch operations floor as part of their primary duties or as
required during staffing shortages or emergencies

F. Authorized part-time VSP #77 dispatcher/ telecommunicator positions

Page | 8




G. Authorized local law enforcement dispatch positions that receive
Wireless E-911 funding through the Office of Administrative
Compensation Board that are not already eligible for this grant
opportunity by inclusion with a primary PSAP

Goals and Objectives

Assist Virginia PSAPs to improve retention of 9-1-1 staff by allocating
funding on an equity basis to PSAPs to recognize all that “wear the headset.”

Implementation

PSAPs may apply for one-time funding in the July 1, 2023 — August 15, 2023 window
for the September 2023 — June 2024 award period. The application is required to
include a staffing recognition project plan that lists number of agency authorized
employees for each category, funding amount requested for each category, total
funding amount requested, and anticipated timeline for recognition project.

Awardees shall an submit invoice related to their staffing recognition project plan for
reimbursement up to the awarded amount. This invoice should include total payment
amounts and number of employees for each category that received staffing recognition
payment.

Outcomes/Evaluation

Grantees must certify that the items included in the staffing recognition project plan
were completed as a condition for reimbursement. Certification from local CFO
confirming staffing recognition plan implementation is also required for reimbursement.
Initial project plan submitted cannot be changed without board approval. Grant is not
intended to supplement other funding/grant programs that benefit telecommunicators.

Page | 9




PAYMENT REQUEST AND CLOSE OUT

Payment Request Process

The Staffing Recognition Funding Program uses a cost recovery method of
funding. The grantee will pay the costs of all allowable expenses.

During the grant award period, in order to receive reimbursement, the
grantee must submit:

Element

All Payment Requests
Except the Final Request

Final Payment Request

Completed
reimbursement
form

Yes

Yes

Copy of A. Authorized full-time 9- A. Authorized full-time 9-
invoice 1-1 dispatcher/ 1-1 dispatcher/
itemizing total telecommunicator telecommunicator
payment positions positions

amounts and B. Approved full-time 9- B. Approved full-time 9-
number of 1-1 dispatcher/ 1-1 dispatcher/

employees for
each category
that received
staffing
recognition
payment.

telecommunicator
over-hire positions

C. Authorized full-time
PSAP managers,
supervisors, and
administrative
employees who are
certified and actively
work on the 9-1-1/
operations floor

D. Authorized part-time
9-1-1 dispatcher/
telecommunicator
positions

E. Authorized full-time
VSP #77 dispatcher/
telecommunicator

positions, supervisors,

telecommunicator
over-hire positions

C. Authorized full-time
PSAP managers,
supervisors, and
administrative
employees who are
certified and actively
work on the 9-1-1/
operations floor

D.Authorized part-time
9-1-1 dispatcher/
telecommunicator
positions

E. Authorized full-time
VSP #77 dispatcher/
telecommunicator

positions, supervisors,

Page | 10




and administrative and administrative
employees who are employees who are
certified and actively certified and actively
work on the VSP work on the VSP
dispatch operations dispatch operations
floor floor
F. Authorized part-time F, Authorized part-time
VSP #77 dispatcher/ VSP #77 dispatcher/
telecommunicator telecommunicator
positions positions
G. Authorized local law G. Authorized local law

enforcement dispatch enforcement dispatch
positions that receive positions that receive
Wireless E-911 Wireless E-911
funding through the funding through the
Office of Office of
Administrative Administrative
Compensation Board Compensation Board
that are not already that are not already
eligible for this grant eligible for this grant
opportunity by opportunity by
inclusion with a inclusion with a
primary PSAP primary PSAP

Certification

from local CFO

that the listed

number of Yes Yes

employees

received

payment.

Itemized invoices are the only acceptable documentation. Non-itemized
invoices are not acceptable. Neither are agency fiscal or financial system
documentation of payment, purchase orders, or contract quotes.

In the event that additional documentation is required from the grantee to
process the payment reimbursement request, the Program Manager shall
make the first contact with the grantee to request the information.
Generally, such requests will be made by email, but can be made by
telephone if easier with an email follow up for documentation. The Regional
Outreach Manager for the locality will be copied on the request and follow up
emails. The payment request will be held until the additional information is
provided and not be partially paid, unless requested by the PSAP.

Page | 11





- If the required information is not received from the grantee within ten
(10) business days of the request for additional information, the
Program Manager will alert the Regional Outreach Manager for that
locality to follow up with the grant recipient. The Regional Outreach
Manager will contact the grant recipient to determine the cause for the
delay in response and work with the Program Manager to determine a
path forward to getting the required information or rejecting the
request.

- If the required information is not received by the Program Manager
within twenty (20) business days of the request for additional
information, the Program Manager will alert the Public Safety
Communications (PSC) Coordinator. The PSC Coordinator will
determine if additional action is necessary.

~ If the required information is not received by the Program Manager
within thirty (30) business days of the request for additional
information, the Program Manager will summarily reject the payment
reimbursement request with an email to the grant recipient, copying
the responsible Regional Outreach Manager and PSC Coordinator,
asking them to resubmit the request when all the required information
is available.

Reimbursement payment requests received without all required receipts will
be considered null submissions after 30 business days of notification and
non-receipt of required documentation.

In addition, grant payment requests will be held until all reports or other
Board required information are received.

FY24 Funding Reimbursement Form

The FY2023 PSAP Grant Funding Reimbursement Form is available on the
NGS website. A sample image is provided below. Be sure to use the non-
PEP Grant Funding form.

Page | 12




Virginia Department of Emergency Management

FY2024 PSAP GRANT FUNDING REIMBURSEMENT FORM

{NOT INTENDED FOR PEP GRANT FUNDING REIMBURSEMENT)

tat Ell

‘LEASE COMPETE FORA AN SUBMIT NEDITANTE

PsapaRAnTsQVOEMURINIA GOV bye)
Ne2iS6IS@VEDNRURGIUA GOW,

(copine: FUND 09281 PROG 712002 DEPT 98518100
[cost crr 983080 ACCT CODE 5014310

en nv One neaeoe tt — | cme
= 5 a
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[rom One VOKE Ray te ga) (ies eome

jo WORDERTO COTGIDER REQUEST COMPLETE

EIN Locals Tid

Grant Award Closure

Staffing Recognition Funding program awards will close at the end of the
grant award. Any remaining balance will automatically return to the wireless

fund.

Page | 13




APPENDIX A: FY24 PSAP GRANT APPLICATION FOR THE
STAFFING RECOGNITION FUNDING PROGRAM

Send completed grant applications to the [email protected]
electronic mailbox. An email receipt notification will be sent to the email
address listed on the application. After the close of the application cycle, a
Grant ID will be assigned and sent to the email address listed on the
application received. Incomplete applications will not be accepted for
consideration.

Application
PSAP/HOST PSAP NAME: Russell County
PSAP Region (1-7): 4
CONTACT TITLE: 911 Director
CONTACT FIRST NAME: Bo
CONTACT LAST NAME: Bise
ADDRESS 1: 79 Rogers Ave
ADDRESS 2:
CITY: Lebanon
ZIP CODE: Virginia
CONTACT EMAIL: [email protected]
CONTACT PHONE NUMBER: 276-880-5500

Describe you staffing recognition project plan and timeline: Russell County
would provide its current dispatchers with planned amount provided to
sustain current employees to help maintain employment in the 911 field. Our
timeline on the funds would possibly have a timeline on providing them with
funds within the current year to assist their families with upcoming holidays
toward end of year.

Page | 14




List the number of agency authorized employees for each category, funding
amount requested for each category, and total funding amount requested, in
the following table:

Category Eligible employee | Funding per Subtotal
count employee

‘K Aathoraed fulime 54 dispatcher] i $2,500 $27,500.00

Lelecommunicator positions

8B. Approved fulltime 9-4-1 dlspatcher Welecommunicator $2,500 3

over-hire positions

Authorized fulltime PSAP managers, supenisors and | 3 $2,500 $2500.00

administrative employees who are certified and actively
\work on the 9-1-1/ operations floor

. Authorized part-time 9-1-1 eispatcher? 2 $1,250 $2,500.00
telecommunicator position
. Authorized fulltime VSP #77 dispatcher? $2,500 $

telecommunicator postions supervisors, and
‘administrative employees who are certified and actively
‘work on the VSP dispatch operations floor

F. Authorized part-time VSP #77 dispatcher] 3,250 3
telecommunicator postions
6. Authorized loca aw enforcement dspatch positions 32,500 3

that receive Wireless E911 funding through the Office of
Administrative Compensation Board that are not already
eligible for this grant opportunity by inclusion with 2
primary PSAP

Total funding | $
requested:

xL] By checking this box, I acknowledge that I have read and understand
the program requirements and that I understand the program metrics and
requirements for reimbursement.

Page | 15




Shavin Talmadge
Chima
VDEM,

Hon Kevin W. Hall
Sherif?
Viee Chairman
City of Covington

Sharon Lawrence
‘Treasurer
Comptcoter

Justin Martin
Binance Director
Carzoll County

Julie Henry
Virginia State Police

Gary Critzer
Einergency Mgmt! EMS Dit
City of Waynesboro

‘Todd Browster
Police Chi
‘Town of Blacksburg

Teny Bllis
Comeast

John DiBacco
Fire Chiet
City of Norfolk.

Patricia Turner
‘Loudoun County

Pete Hatcher
ATET

Michelle Painter Lama
T Mobile

‘Matthew Ogbum
Verizon Comminications

Robert Osmond
ClO- VITA

Judson W. Smith
‘Bedford County

Gabe Elias
SWIC
Advisor

Virginia 9-1-1 Services Board

September 28, 2023

Dear Russell PSAP:

am pleased to advise you that the Virginia 9-1-1 Services Board has
approved your FY24 Data Maintenance and Data Transfer grant request
on 9/14/2023. You have been awarded the following grant:

Grant ID: FY24-DMDT-031
Award Amount: $5,000.00
Award Period Start: 9/14/2023
Award Period End: 6/30/2024

Payment will be made on a reimbursement basis only for allowable costs.

All funding requests must be submitted on the PSAP Grant Funding

Reimbursement Form and submitted to [email protected].
All supporting documentation required by the grant guidelines should be
attached to the form when it is submitted.

Ifyou need to review the grant guidelines or need copies of grant
reimbursement forms, you can visit the Public Safety Communications
Division website which is located at https://psc.vdem.virginia.gov/.

Al grant funds for this award must be expended by 6/30/2024.

Ifyou have any questions, please do not hesitate to contact me or your
NGS Outreach Manager. Questions can also be directed to the PSAP
Grants mailbox: psapgrants@vdem. virginia.gov.

Congratulations on your grant award!

Sincerely,

og Bape

Mary Binford
Public Safety Communications Coordinator

Saving lives through effective emergency monagement and homeland security.
“AReady Virginia isa Resilient Virginia.”

Dorothy
Deputy

ats-Dean, Ph.D.
te Coordinator
M

(604) 840-7260

Mary Binford
PSC Coordinator
VDEM
(804) 536-8177




(KD

NZ

D) Virginia Department of Emergency Management

FY2024 PSAP GRANT FUNDING REIMBURSEMENT FORM

(NOT INTENDED FOR PEP GRANT FUNDING REIMBURSEMENT)

Date Submitted by PSAP, PLEASE COMPLETE FORM AND SUBMIT IN EDITABLE
PSAP Name - FIPS (Dropdown) use Cooney FORMAT SEPARATE FROM THE SUPPORTING
PSAP EIN 6000589 DOCUMENTATON WITHIN THE SAME EMAIL TO:
PSAP Address 79 Rogers ve, Ldbanon Vo. 28266
ee Pectousreet. [email protected]
Contact Name. Bo Bice
‘Contact Email/Telephone # Pose assaiaounnnn sek 27669.
REIMBURSEMENT REQUEST FUNDING CATEGORY: ("Sele nly ONE andng category or eah Form submited)
‘zat Recogriton (TAF) 00K___ Regional Enhancement (REG-NH)_Concoistion (CONS) He Funding (CHE) _
Enterprise GIs Software (E65) ata Maintenance & Dat Transfer (OMOT). ‘bata Enhancement (OATA-ENH)

[Award Balance After Pmt:

[Balance to Fund:

[Date Received:

[Date Processed:

[Program Manager Approvals.

COST CTR 983080 ACCT CODE 5014310

CODING: FUND 09281 PROG 712002 DEPT 98518100

Vendor Invoice Date Invoice # Total Invoice Amount Comments
[eine & MOORE INC. 3 5,000.00

3 z

$ =

$ =

3

$

TOTAL REIMBURSEMENT: $ 5,000.00 |

[VDE USE ONLY INVOICE (sal year-date processed - grant) [NGS COMMENTS:

"=REQUIRED IN ORDER TO CONSIDER REQUEST COMPLETE
IN SUBMISSION

EIN - Locality's Tax ID




 
  

Russell County Virginia 
“The Heart of Southwest Virginia” 

 
Tim Lovelace  Steve Breeding 
District 1   District 5  
 
Carl Rhea      Lou Ann Wallace, Chairperson Rebecca Dye 
District 3  District 2 District 6 
  
David Eaton   Oris Christian, Vice-Chairman Lonzo Lester 
District 4   At-Large County Administrator 
 

Russell County Government Center 
137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 

www.russellcountyva.us 

  

  

  

 

 

 
VIRGINIA:  AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF RUSSELL 
COUNTY, VIRGINIA HELD AT BOARD OF SUPERVISORS MEETING ROOM, LOCATED AT 
RUSSELL COUNTY GOVERNMENT CENTER IN THE TOWN OF LEBANON, VIRGINIA 
24266, ON THE 13TH DAY OF NOVEMBER 2023, THE FOLLOWING RESOLUTION WAS 
ADOPTED, UPON A MOTION AND SECOND: 
 

A RESOLUTION REQUESTING THAT THE VIRGINIA DEPARTMENT OF 
TRANSPORTATION CONDUCT A SPEED/SAFETY STUDY ALONG VIRGINIA SECONDARY 

ROUTE 632 (LYNN SPRING ROAD) 
 
WHEREAS, the Russell County Board of Supervisors have been approached by a resident / residents 
along Virginia Secondary Route 632 (Lynn Spring Road) in the Swords Creek Community of Russell 
County, Virginia; 
 
WHEREAS, on November 13, 2023, the Russell County Board of Supervisors (the Board) announced its 
intent to adopt a Resolution seeking to request the Virginia Department of Transportation (VDOT) to 
conduct a speed/safety study along Lynn Spring Road, Route 632, which may assist in limiting motor 
vehicle accidents and improving safety along Lynn Spring Road;  
 
NOW THEREFORE, the Board does hereby RESOLVE to request that VDOT conduct a speed/safety 
study on Virginia Secondary Route 632 (Lynn Spring Road) in Russell County, Virginia.  More 
specifically, this study would cover the portion of Virginia Secondary Route 632 from its intersection with 
Virginia State Route 617 (Pumpkin Center) to the Buchanan County line, a distance of approximately 4.8 
miles.   
 
Recognizing that posted speed limits without consistent enforcement are generally ineffective, the County 
pledges to allocate resources for the enforcement of any posted speed limit(s) resulting from this request.  
 
It is so RESOLVED this 13th day of November 2023. 
 
RECORDED VOTE: 
 
MEMBERS PRESENT: ________________________________________________ 
MEMBERS ABSENT: ________________________________________________ 
AYES:   ________________________________________________ 
NAYS:   ________________________________________________ 
ABSTENTIONS: ________________________________________________ 
  
ATTEST: 
______________________________  _______________________________ 
Chairperson – Board of Supervisors  Russell County Administrator  

Russell County Virginia

“The Heart of Southwest Virginia”
Tim Lovelace Steve Breeding
District 4 District 5
Carl Rhea Lou Ann Wallace, Chairperson Rebecca Dye
District 3 District 2 District 6
David Eaton Oris Christian, Vice-Chairman Lonzo Lester
District 4 At-Large County Administrator

VIRGINIA: AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF RUSSELL
COUNTY, VIRGINIA HELD AT BOARD OF SUPERVISORS MEETING ROOM, LOCATED AT
RUSSELL COUNTY GOVERNMENT CENTER IN THE TOWN OF LEBANON, VIRGINIA
24266, ON THE 13" DAY OF NOVEMBER 2023, THE FOLLOWING RESOLUTION WAS
ADOPTED, UPON A MOTION AND SECOND:

A RESOLUTION REQUESTING THAT THE VIRGINIA DEPARTMENT OF
TRANSPORTATION CONDUCT A SPEED/SAFETY STUDY ALONG VIRGINIA SECONDARY,

ROUTE 632 (LYNN SPRING ROAD)

WHEREAS, the Russell County Board of Supervisors have been approached by a resident / residents
along Virginia Secondary Route 632 (Lynn Spring Road) in the Swords Creek Community of Russell
County, Virgi

WHEREAS, on November 13, 2023, the Russell County Board of Supervisors (the Board) announced its
intent to adopt a Resolution seeking to request the Virginia Department of Transportation (VDOT) to
conduct a speed/safety study along Lynn Spring Road, Route 632, which may assist in limiting motor
vehicle accidents and improving safety along Lynn Spring Road;

NOW THEREFORE, the Board does hereby RESOLVE to request that VDOT conduct a speed/safety
study on Virginia Secondary Route 632 (Lynn Spring Road) in Russell County, Virginia. More
specifically, this study would cover the portion of Virginia Secondary Route 632 from its intersection with
Virginia State Route 617 (Pumpkin Center) to the Buchanan County line, a distance of approximately 4.8
miles.

Recognizing that posted speed limits without consistent enforcement are generally ineffective, the County
pledges to allocate resources for the enforcement of any posted speed limit(s) resulting from this request.

It is so RESOLVED this 13" day of November 2023.
RECORDED VOTE:

MEMBERS PRESENT:
MEMBERS ABSENT:
AYES:

NAYS:
ABSTENTIONS

ATTEST:

Chairperson — Board of Supervisors Russell County Administrator

Russell County Government Center
137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011
www.russellcountyva.us




© 2023 interactiveGIS, Inc. 1

Details

Parcel ID 68R3129
Tax ID 3129
Owner Name KEENE STANLEY ELBERT & BONEDA
Owner Address 1 2271 LYNN SPRING RD
Owner Address 2 SWORDS CREEK VA 24649 0
Legal Description SULPHUR SPRING FORK
Deed Book 226
Deed Page 213
Acres 1.5
Improvement Value $45,500
Land Value $8,600

Map

& RUSSELL COUNTY

Details

Parcel ID

Tax ID

Owner Name
Owner Address 1
Owner Address 2
Legal Description
Deed Book

Deed Page
Acres
Improvement Value
Land Value

Map

68R3I29

3129

KEENE STANLEY ELBERT & BONEDA
2271 LYNN SPRING RD
SWORDS CREEK VA 246.
SULPHUR SPRING FORK
226





AMENDMENT #3 

 WHEREAS, an agreement to provide Project Management Services (“Agreement”) dated 

February 21, 2020 was entered into by and among Skanska USA Building Inc. (“Consultant” or 

“Skanska”) and Russell County, Virginia (“Client” or “County”) (collectively the "Parties"); and 

WHERAS, Amendment 1 to Agreement was entered into to extend the duration of 

services required on the Russell County Courthouse project through July 2023. 

WHERAS, Amendment 2 to Agreement was entered into to extend the duration of 

services required on the Russell County Courthouse project through October 2023. 

 NOW THEREFORE, for and in consideration of the mutual covenants and promises 

herein contained and other good and valuable consideration, the receipt and sufficiency of 

which are hereby acknowledged, the Parties agree as follows: 

Amend the Agreement to extend Project Management Services from the current 

contractual completion date of end of October 2023 through August 2024 (10 months) 

at which time the existing Courthouse renovations are to reach Substantial Completion 

by end of June 2024 with Final Completion by end of August 2024 (see attached 

schedule).  Services are to be provided for a lump sum amount of $96,669. 

IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and year 

first above written. 

 

     SKANSKA USA BUILDING INC. 

     

     By:    ___________  

 

     Printed Name:   Curtis Elswick 

     Its:     Sr. Vice President 

 

     RUSSELL COUNTY, VIRGINIA 

     

By: _______________________________ 

 

Printed Name:  Lou Ann Wallace 

     Its:     Chairperson, Board of Supervisors  

curtis.elswick
Snapshot

AMENDMENT #3

WHEREAS, an agreement to provide Project Management Services (“Agreement”) dated
February 21, 2020 was entered into by and among Skanska USA Building Inc. (“Consultant” or
“Skanska”) and Russell County, Virginia (“Client” or “County”) (collectively the "Parties"); and

WHERAS, Amendment 1 to Agreement was entered into to extend the duration of
services required on the Russell County Courthouse project through July 2023.

WHERAS, Amendment 2 to Agreement was entered into to extend the duration of
services required on the Russell County Courthouse project through October 2023.

NOW THEREFORE, for and in consideration of the mutual covenants and promises
herein contained and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:

Amend the Agreement to extend Project Management Services from the current
contractual completion date of end of October 2023 through August 2024 (10 months)
at which time the existing Courthouse renovations are to reach Substantial Completion
by end of June 2024 with Final Completion by end of August 2024 (see attached
schedule). Services are to be provided for a lump sum amount of $96,669.

IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and year
first above written.

SKANSKA USA BUILDING INC,

ls Leck

By:

Printed Name: Curtis Elswick
Its: Sr. Vice President
RUSSELL COUNTY, VIRGINIA

By:

Printed Name: Lou Ann Wallace

Its: Chairperson, Board of Supervisors




ID Task 

Mode

Task Name Duration Start Finish Predecessors Resource Names

1 Demolition 167.5 days Mon 10/30/23Wed 6/19/24

2 Windows & 

Masonry 

7 wks Mon 

10/30/23

Fri 12/15/23

4 Selective Demo 4 wks Mon 12/4/23Fri 12/29/23

3 Jail Demo 2 wks Wed 12/6/23Tue 12/19/23

5 Interior framing 4 wks Mon 1/1/24 Fri 1/26/24 4

6 MEP in wall 2 wks Mon 1/15/24Fri 1/26/24 5FS-10 days

7 MEP overhead 12 wks Mon 1/29/24Fri 4/19/24 6

8 Drywall 5 wks Mon 1/29/24Fri 3/1/24 6

18 Stair refurb 4 wks Mon 1/29/24Fri 2/23/24 6

9 Paint 2.5 wks Mon 3/4/24 Wed 3/20/248

12 Cupola repairs 6 wks Mon 3/4/24 Fri 4/12/24

10 Ceilings 2 wks Wed 3/20/24Wed 4/3/24 9

11 Mep Trim out 3 wks Wed 4/3/24 Wed 4/24/2410

15 Flooring 4 wks Wed 4/3/24 Wed 5/1/24 10

13 Shingle roof 2 wks Mon 4/15/24Fri 4/26/24 12

14 Single ply roof 3 wks Mon 4/29/24Fri 5/17/24 13

17 Casework 1 wk Wed 5/1/24 Wed 5/8/24 15

19 Parking lot 2 wks Mon 5/20/24Fri 5/31/24 14

16 Doors & Acc 3 wks Wed 5/8/24 Wed 5/29/2417

20 Punch list 3 wks Wed 5/29/24Wed 6/19/2416

Windows & Masonry 

Selective Demo 

Jail Demo

Interior framing 

MEP in wall 

MEP overhead 

Drywall 

Stair refurb 

Paint 

Cupola repairs 

Ceilings 

Mep Trim out 

Flooring 

Shingle roof 

Single ply roof 

Casework 

Parking lot 

Doors & Acc 

Punch list 

Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug

Qtr 4, 2023 Qtr 1, 2024 Qtr 2, 2024 Qtr 3, 2024

Task

Split

Milestone

Summary

Project Summary

Inactive Task

Inactive Milestone

Inactive Summary

Manual Task

Duration-only

Manual Summary Rollup

Manual Summary

Start-only

Finish-only

External Tasks

External Milestone

Deadline

Progress

Manual Progress

10-27-23 Russell County Renovations 
Prepared by

 Marcus wilcox

Page 1

Project: Initial Schedule

Date: Fri 10/27/23

10-27-23 H Prepared b'
Russell County Renovations Marc tices
ID Task Task Name Duration Start Finish Predecessors Resource Names ate 4, 2023 tr 1, 2024 Qtr 2, 2024 Qtr 3, 2024
(Mode sep | Oct | Nov | Dec | Jan | Feb | Mar! Apr | May | Jun | Jul | Aug
1 Ly Demolition 167.5days Mon 10/30/: Wed 6/19/2¢ r 1
2 3 Windows & 7 wks Mon Fri 12/15/23 mmm Windows & Masonry
Masonry 10/30/23
4 5 Selective Demo 4 wks Mon 12/4/23 Fri 12/29/23 mm Selective Demo
3 Ly Jail Demo 2 wks Wed 12/6/23 Tue 12/19/2: mm Jail Demo
5 Ld Interior framing 4 wks Mon 1/1/24 Fri 1/26/24 4 Veg Interior framing
6 Le MEP in wall 2 wks Mon 1/15/24Fri 1/26/24 5FS-10 days q MEP in wall
7 3 MEP overhead 12 wks Mon 1/29/24 Fri 4/19/24 6 — MEP overhead
8 5 Drywall 5 wks Mon 1/29/24Fri 3/1/24 6 . Drywall
18 5 Stair refurb 4 wks Mon 1/29/24Fri 2/23/24 6 Yoo Stair refurb
9 i. Paint 2.5 wks Mon 3/4/24 Wed 3/20/248 You Paint
12 5 Cupola repairs 6 wks Mon 3/4/24 Fri 4/12/24 (te, Cupola repairs
10 5 Ceilings 2 wks Wed 3/20/24Wed 4/3/24 9 Ue Ceilings
1 Ld Mep Trim out 3 wks Wed 4/3/24 Wed 4/24/2410 Tom Mep Trim out
15 i. Flooring 4wks Wed 4/3/24 Wed 5/1/24 10 Tam Flooring
13 La Shingle roof 2 wks Mon 4/15/24Fri 4/26/24 12 Yop Shingle roof
14 3 Single ply roof 3 wks Mon 4/29/24 Fri 5/17/24 13 ‘Yu Single ply roof
7 5 Casework 1wk Wed 5/1/24 Wed 5/8/24 15 Casework
19 i. Parking lot 2 wks Mon 5/20/24Fri 5/31/24 14 Yq Parking lot
16 Le Doors & Acc 3 wks Wed 5/8/24 Wed 5/29/2417 Nig Doors & Acc
20 g Punch list 3 wks Wed 5/29/24Wed 6/19/2416 Tim Punch list
Task Inactive Task Manual Summary RollUP ttt, External Milestone
Split Inactive Milestone Manual Summary -  Deadline +
Project: Initial Schedule
Date: Fri 10/27/23 Milestone ° Inactive Summary Start-only C Progress
Summary re COManual Task (A Finish-only Manual Progress
Project Summary r 1 Duration-only QUEEN External Tasks

Page 1





 

Payroll & Human Resource Coordinator Position 
Description 

 

The Payroll Coordinator is responsible for processing payroll for all County employees timely 
and accurately in accordance with complex federal and state regulations. The Payroll 
Coordinator oversees all functional aspects of the payroll operation including ensuring the 
accurate and timely completion of all payrolls, directing, and supervising departmental staff, 
responding to employee inquiries regarding payroll transactions, ensuring compliance with 
federal and state tax regulations and completing various monthly, quarterly, and annual 
reconciliations and certifications.  

As the Payroll Coordinator is responsible for the processing and reconciliation of tax deposits, 
quarterly, and yearly tax reporting including filing of W-2s. This position serves as the primary 
liaison with administration as well as serving as the primary contact for departments for 
timekeeping and payroll-related questions. This position is responsible for approving payroll 
adjustments, reconciliation of corresponding ledger accounts and posting of necessary journal 
entries.  

As the Human Resource Coordinator position performs complex professional and administrative 
work planning and implementing the County's overall Human Resources programs and policies 
in support of the County's mission, vision, and values.  This position is directly responsible for 
providing direction of functions including, but not limited to, classification and compensation, 
employee training and development, employee benefits, payroll, and employee records, 
performance management, and employee relations.  Functions ensure County compliance with 
all personnel laws, regulations, and policies at the federal, state, and local levels.  

Essential Functions 

• Experienced payroll coordinator with comprehensive knowledge of the payroll function 
and best practices; this includes federal and state regulations regarding taxation, wages, 
garnishments and the Fair Labor Standards Act. Business acumen with experience in 
fiscal operations management and accounting including a demonstrated ability to apply 
and adapt accounting principles and methods to a variety of fiscal situations.  
 

• Considerable experience with complex integrated Payroll, HRIS and financial systems. 
Excellent written and oral communication skills including the ability to communicate 
effectively with employees, departments, and agencies external to the County and 
provide customer service in a timely and professional manner.   

• Maintains organizational compliance with federal, state, and local laws pertaining to all 
Human Resources matters. 

• Oversees the development and administration of Human Resources programs designed 
to attract, develop, and retain excellent employees; and policies and practices designed 
to align the organizations behavior with its values. 

Payroll & Human Resource Coordinator Posi'

The Payroll Coordinator is responsible for processing payroll for all County employees timely
and accurately in accordance with complex federal and state regulations. The Payroll
Coordinator oversees all functional aspects of the payroll operation including ensuring the
accurate and timely completion of all payrolls, directing, and supervising departmental staff,
responding to employee inquiries regarding payroll transactions, ensuring compliance with
federal and state tax regulations and completing various monthly, quarterly, and annual
reconciliations and certifications.

As the Payroll Coordinator is responsible for the processing and reconciliation of tax deposits,
quarterly, and yearly tax reporting including filing of W-2s. This position serves as the primary
liaison with administration as well as serving as the primary contact for departments for
timekeeping and payroll-related questions. This position is responsible for approving payroll
adjustments, reconciliation of corresponding ledger accounts and posting of necessary journal
entries.

‘As the Human Resource Coordinator position performs complex professional and administrative
work planning and implementing the County's overall Human Resources programs and policies
in support of the County's mission, vision, and values. This position is directly responsible for
providing direction of functions including, but not limited to, classification and compensation,
employee training and development, employee benefits, payroll, and employee records,
performance management, and employee relations. Functions ensure County compliance with
all personnel laws, regulations, and policies at the federal, state, and local levels

Essential Functions

+ Experienced payroll coordinator with comprehensive knowledge of the payroll function
and best practices; this includes federal and state regulations regarding taxation, wages,
garnishments and the Fair Labor Standards Act. Business acumen with experience in
fiscal operations management and accounting including a demonstrated ability to apply
and adapt accounting principles and methods to a variety of fiscal situations.

‘* Considerable experience with complex integrated Payroll, HRIS and financial systems.
Excellent written and oral communication skills including the ability to communicate
effectively with employees, departments, and agencies external to the County and
provide customer service in a timely and professional manner.

* Maintains organizational compliance with federal, state, and local laws pertaining to all
Human Resources matters.

+ Oversees the development and administration of Human Resources programs designed
to attract, develop, and retain excellent employees; and policies and practices designed
to align the organizations behavior with its values.




• Develops, implements, communicates, and interprets policies and procedures; 
maintains the Human Resources Policy Manual. 

• Coordinates the County's Human Resource program including classification and pay, 
employee relations, recruitment and selection, grievance procedures, EEO and diversity 
initiatives, safety, performance appraisals, and benefit administration. 

• Assists the County Administrator, elected officials, department directors, supervisors 
and employees on all Human Resources related matters. 

• Handles employee relations issues.  Oversees investigations and advises staff 
regarding complaints, performance issues, and disciplinary actions. 

• Coordinates the employee recruitment and hiring process; advertises job openings; 
reviews applications; schedules and coordinates interviews. 

• Oversees drug and alcohol screenings and pre-employment background checks. 

• Administers and coordinates employee benefits. Conducts yearly open enrollments for 
health insurance and voluntary benefit plans for employees. 

• Maintains, coordinates, and monitors employee records and related documentation for 
County employees and acts as legal custodian of those records. 

• Coordinates the Human Resources/Payroll administration functions and reviews and 
approves keyed transactions. 

• Oversees Workers' Compensation administration and claim processing. 

• Coordinates and administers employee recognition events. 

• Counsels’ employees on retirement. 

• Performs other assigned duties. 

Knowledge, Skills, and Abilities  

• Knowledge of the principles of personnel and payroll administration, classification, and 
compensation and of Federal/State employment and tax laws. 

• Skill in effective communication, both verbally and in writing. 

• Skill in the use of computers and software applications related to the essential functions 
of the job. 

• Skills in human resource management, preferably in the public sector, which shall have 
included supervisory experience. 

• Skill in and ability to work in multiple program areas simultaneously. 

• Ability to meet deadlines during varying workload periods. 

• Ability to communicate effectively, orally and in writing. 

• Ability to present facts and recommendations. 

Knowledge, Skills, and Abi

Develops, implements, communicates, and interprets policies and procedures;
maintains the Human Resources Policy Manual

Coordinates the County's Human Resource program including classification and pay,
employee relations, recruitment and selection, grievance procedures, EEO and diversity
initiatives, safety, performance appraisals, and benefit administration,

Assists the County Administrator, elected officials, department directors, supervisors
and employees on all Human Resources related matters.

Handles employee relations issues. Oversees investigations and advises staff
regarding complaints, performance issues, and disciplinary actions.

Coordinates the employee recruitment and hiring process; advertises job openings;
reviews applications; schedules and coordinates interviews.

Oversees drug and alcohol screenings and pre-employment background checks.

Administers and coordinates employee benefits. Conducts yearly open enrollments for
health insurance and voluntary benefit plans for employees.

Maintains, coordinates, and monitors employee records and related documentation for
County employees and acts as legal custodian of those records.

Coordinates the Human Resources/Payroll administration functions and reviews and
approves keyed transactions.

Oversees Workers’ Compensation administration and claim processing
Coordinates and administers employee recognition events.
Counsels' employees on retirement.

Performs other assigned duties.

Knowledge of the principles of personnel and payroll administration, classification, and
compensation and of Federal/State employment and tax laws.

Skill in effective communication, both verbally and in writing.

Skill in the use of computers and software applications related to the essential functions
of the job.

Skills in human resource management, preferably in the public sector, which shall have
included supervisory experience.

Skill in and ability to work in multiple program areas simultaneously.
Ability to meet deadlines during varying workload periods.
Ability to communicate effectively, orally and in writing.

Ability to present facts and recommendations.




• Ability to lead teams and facilitate groups. 

• Ability to maintain effective working relationships with employees, departments, County 
officials, representatives from outside agencies, other localities, and the public. 

• Ability to plan, supervise and review the work of subordinates. 

Education, Experience, and Training 

• Bachelor’s degree in human resources, Business, Public Administration, or a related 
field with eight (8) years of progressively responsible experience in personal and payroll 
administration and three (3) years of which must have been in a supervisory or 
managerial role. 

• Master's degree and/or certification as a Human Resource professional preferred. 

• Extensive experience in personnel management in a local or state government setting is 
preferred.

• Valid State of Virginia Driver's License. 

Preferred Qualifications  

• Human Resources Certification i.e., SHRM-CP, SHRM-SCP, PHR, SPHR 

• Payroll experience in state government and/or higher education. Working knowledge of 
the Finance and/or Human Resource systems.  

Benefits  

Russell County Government offers an excellent benefits package that includes health, dental 
and vision, vacation, and sick leave as well as retirement benefits for all regular full-time 
employees. Russell County participates in the Virginia Retirement System (VRS). 

: 
 

* Ability to lead teams and facilitate groups.

* Ability to maintain effective working relationships with employees, departments, County
officials, representatives from outside agencies, other localities, and the public.

+ Ability to plan, supervise and review the work of subordinates.
Education, Experience, and Training

+ Bachelor's degree in human resources, Business, Public Administration, or a related
field with eight (8) years of progressively responsible experience in personal and payroll
administration and three (3) years of which must have been in a supervisory or
managerial role.

+ Master's degree and/or certification as a Human Resource professional preferred

+ Extensive experience in personnel management in a local or state government setting is
preferred.

* Valid State of Virginia Driver's License.
Preferred Qualifications
* Human Resources Certification i.e., SHRM-CP, SHRM-SCP, PHR, SPHR.

+ Payroll experience in state government and/or higher education. Working knowledge of
the Finance and/or Human Resource systems.

Benefits

Russell County Government offers an excellent benefits package that includes health, dental
and vision, vacation, and sick leave as well as retirement benefits for all regular full-time
‘employees. Russell County participates in the Virginia Retirement System (VRS).




Virginia Department of Housing and Community Development | Partners for Better Communities 
Main Street Centre | 600 East Main Street, Suite 300 Richmond, VA 23219 
www.dhcd.virginia.gov | Phone (804) 371-7000 | Fax (804) 371-7090 | Virginia Relay 7-1-1

November 1, 2023 

Mr. Lonzo Lester 
County Administrator 
Russell County 
137 Highland Drive 
Lebanon, Virginia 24266 

RE: 2023 CDBG Planning Grant 
Russell County – PG  
Application Approval Letter 

Dear Mr. Lester: 

We have reviewed the County’s request for CDBG Planning Grant assistance for the proposed Dante 
Downtown Revitalization Comprehensive Community Development Planning Grant. We are in receipt of 
your application and have approved the initial activities included in your application. DHCD is prepared 
to offer Planning Grant funds for developing this project and will make a total of up to $60,000 available 
to the County for researching and developing strategies for the project.  

The next step for this project is that Kelly Charapich (Planning Grants Coordinator) will contact you to 
schedule a facilitated planning session (FPS). Following the FPS, the County will submit a negotiated 
budget, an updated project management plan, and a project timeline within seven (7) working days of the 
FPS. Receipt of a Planning Grant contract is contingent on the County’s timely completion of these 
activities. 

Should you have any questions, please contact Kelly Charapich, Planning Grants Coordinator, 
[email protected]. 

Sincerely, 

Amanda Healy 
Associate Director 

c:  Scott Wampler, Cumberland Plateau PDC 
Charlie Perkins, Cumberland Plateau PDC 
Kelly Charapich, DHCD 

Glenn Youngkin
Governor

ccnmna COMMONWEALTH of VIRGINIA ™=.2,2°"

Commerce and Trade DEPARTMENT OF
Housine ano Community DEVELOPMENT

November 1, 2023

Mr. Lonzo Lester

County Administrator

Russell County

137 Highland Drive

Lebanon, Virginia 24266
RE: 2023 CDBG Planning Grant
Russell County ~ PG
Application Approval Letter

Dear Mr. Lester:

We have reviewed the County’s request for CDBG Planning Grant assistance for the proposed Dante
Downtown Revitalization Comprehensive Community Development Planning Grant, We are in receipt of
your application and have approved the initial activities included in your application. DHCD is prepared
io offer Planning Grant funds for developing this project and will make a total of up to $60,000 available
to the County for researching and developing strategies for the project.

The next step for this project is that Kelly Charapich (Planning Grants Coordinator) will contact you to
schedule a facilitated planning session (FPS). Following the FPS, the County will submit a negotiated
budget, an updated project management plan, and a project timeline within seven (7) working days of the
FPS. Receipt of a Planning Grant contract is contingent on the County’s timely completion of these
activities,

Should you have any questions, please contact Kelly Charapich, Planning Grants Coordinator,

[email protected].

Sincerely,
Surat lon’
7

Amanda Healy
Associate Director

c: Scott Wampler, Cumberland Plateau PDC
Charlie Perkins, Cumberland Plateau PDC
Kelly Charapich, DHCD

Virginia Department of Housing and Community evelopment |Partners fr Better Communities
Main treet centre | 600 East Main Sret, Sut 300 Rehmons, VA 23219
‘wo dhe. ena gov | Phone 808) 371-7000 | Fax (08) 371-709 | Vigna Relay 7-1-1

a





@M Gmail Lonzo Lester <[email protected]>

FY2024 Non-Competitive Litter Prevention and Recycling Grant

1 message

[email protected] <ceds@deq virginia. gov> Mon, Oct 30, 2023 at 2:15 PM
To: [email protected], [email protected]
Co: [email protected]

Commonwealth of Virginia

VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY
1111 E, Main Street, Suite 1400, Richmond, Virginia 23219
P.O. Box 1105, Richmond, Virginia 23218
(800) 592-5482 FAX (804) 698-4178
wwnw.dea. virginia.gov
Michael S, Rolband, PE, PWD, PWS Emeritus,

Travis A Voyles meritus
‘Acting Secretary of Natural and Historic PE, PWD, PHS Emer
Resources. (604) 698-4020

October 30, 2023

Lonzo Lester
County Administrator
Russell Coun

137 Highland Dr Suite A
Lebanon, VA 24266

Dear Lonzo Lester:

|Lam pleased to inform you that a total grant award of $25,440.00 has been approved for the Litter Prevention and Recycling Program activities and the Extended
Polystyrene (EPS) campaign for the period of July 1, 2023 to June 30, 2024, DEQ's calculation of your grant award was based upon the following distribution:

Russell County: Non-Competitive Grant Award: $17,595.00
Town of Cleveland: Non-Competitive Grant Award: $2,085.00
Town of Honaker: Non-Competitive Grant Award: $2,085.00
Town of Lebanon: Non-Competitive Grant Award: $3,675.00




Processing of the grant awards is underway, and a payment for this amount should be received within the next two weeks if funds can be transferred electronically
(EDI) or in thirty days if processing by check is required.

If you have any questions or need additional information, please contact Prina Chudasama at [email protected] or at (804) 659-1530.

Sincerely,

Sanjay Thirunagari
Programs Manager
Division of Land Protection & Revitalization




@M Gmail Lonzo Lester <[email protected]>

National Opioid Settlements — Payment — Russell County

lofficialsettiement.com <[email protected]> Wed: Nov 1, 2073 of

NoReply@nationalopioi

To: [email protected]
Co: [email protected], [email protected], [email protected], [email protected]

This is an official communication from the Directing Administrator of the National Opioid Settlements.

On 11/01/2023, the Directing Administrator initiated payment to your Subdivision as outlined in the table
below. If your Subdivision is receiving payment for multiple Distributor Payment Years, those payments will
be aggregated into one wire or check. Similarly, if your Subdivision is receiving payment for multiple
Janssen Payment Years, those payments will be aggregated into one wire or check.

BG Entity 1D| State | Beneficiary Type | Beneficiary Name| Payment Type | Payment Amount | Payment Method

General Purpose Distributor

Government Russell County | payment 3 $15,156.81 Wire Transfer

12206 | Virginia

Please contact the Office of the Attorney General in your State if you have any questions regarding how your
Subdivision's payment amount was calculated or how your Subdivision can use Settlement Funds.

Please let your Case Manager know if you encounter any issues with this payment.
Thank you,

BROWNGREER PLC

Directing Administrator

National Opioid Settlements
\www.NationalOpioidOfficialSettlement.com

This electronic mail is intended to be received and read only by certain individuals. It may contain information that is privileged or
protected from disclosure by law. If it has been misdirected, or if you suspect you received this in error, please notify me by replying
and then delete this message and your reply. These restrictions apply to any attachment to this email.





 

 

 

 

April 17, 2023 

 

 

 

Mr. Brian Ferguson 

Russell County Solid Waste 

137 Highland Drive 

Lebanon, Virginia 24266 

 

RE: Proposal for Professional Services, Calendar Year 2023 

Russell County Closed Landfill, SWP No. 258 

Phase II Groundwater Monitoring 

  TRC Proposal Number: Pending 

 

Dear Mr. Ferguson: 

 

 TRC Engineers, Inc. (TRC, formerly Draper Aden Associates) is pleased to have the opportunity to 

provide Russell County (County) the following scope of services and budget estimate to conduct 

groundwater monitoring services for calendar year 2023, at the closed Russell County Landfill, Solid Waste 

Permit (SWP) No. 258 located in Russell County, Virginia.   

 

 

SCOPE OF SERVICES  

PHASE II GROUNDWATER MONITORING 

 

The following scope of services for the closed Russell County Landfill, SWP No. 258 assumes that 

the facility maintains semiannual Phase II groundwater monitoring and that the Virginia Department of 

Environmental Quality (VDEQ) does not require any additional monitoring wells to be installed.  The costs 

for verification sampling, should a routine monitoring result lead to an increase over groundwater 

protection standards (GPS), and costs associated with preparation of an Alternate Source Demonstration 

(ASD) are listed separately as contingent items to be approved and implemented if required. 

 

TRC will perform the following under the proposed scope of services: 

 

• Perform groundwater monitoring in accordance with Virginia Solid Waste Management 

Regulations (VSWMR), SWP No. 258, and the facility’s Groundwater Monitoring Plan (GMP). 

• Evaluate and confirm the laboratories performing the analyses are capable of performing the work 

in accordance with standard laboratory protocol, applicable USEPA SW-846 protocols and are 

accredited under the Virginia Environmental Laboratory Accreditation Program (VELAP) for the 

requisite methods and analytes in accordance with the VDEQ requirements. 

• Complete two (2) semiannual VSWMR Phase II groundwater monitoring events at three (3) 

compliance monitoring wells (MW-1, MW-4, and MW-7), one (1) residential compliance well 

(GWMP-4), and one (1) voluntary spring sampling point (GWMP-2). The compliance wells 

(including GWMP-4) will be sampled for VSWMR Table 3.1 Column A target analytes plus 

AN T R Cc 22005. MainStreet Ste A 540.552.0444
7 4 Blacksburg. VA 24060 TRCcompanies.com
April 17, 2023

Mr. Brian Ferguson
Russell County Solid Waste
137 Highland Drive
Lebanon, Virginia 24266

RE: Proposal for Professional Services, Calendar Year 2023
Russell County Closed Landfill, SWP No. 258
Phase II Groundwater Monitoring
TRC Proposal Number: Pending

Dear Mr. Ferguson:

TRC Engineers, Inc. (TRC, formerly Draper Aden Associates) is pleased to have the opportunity to
provide Russell County (County) the following scope of services and budget estimate to conduct
groundwater monitoring services for calendar year 2023, at the closed Russell County Landfill, Solid Waste
Permit (SWP) No. 258 located in Russell County, Virginia.

SCOPE OF SERVICES
PHASE II GROUNDWATER MONITORING

The following scope of services for the closed Russell County Landfill, SWP No. 258 assumes that
the facility maintains semiannual Phase II groundwater monitoring and that the Virginia Department of
Environmental Quality (VDEQ) does not require any additional monitoring wells to be installed. The costs
for verification sampling, should a routine monitoring result lead to an increase over groundwater
protection standards (GPS), and costs associated with preparation of an Alternate Source Demonstration
(ASD) are listed separately as contingent items to be approved and implemented if required.

TRC will perform the following under the proposed scope of services:

* Perform groundwater monitoring in accordance with Virginia Solid Waste Management
Regulations (VSWMR), SWP No. 258, and the facility's Groundwater Monitoring Plan (GMP).

* Evaluate and confirm the laboratories performing the analyses are capable of performing the work
in accordance with standard laboratory protocol, applicable USEPA SW-846 protocols and are
accredited under the Virginia Environmental Laboratory Accreditation Program (VELAP) for the
requisite methods and analytes in accordance with the VDEQ requirements.

* Complete two (2) semiannual VSWMR Phase Il groundwater monitoring events at three (3)
compliance monitoring wells (MW-1, MW-4, and MW-7), one (1) residential compliance well
(GWMP-4), and one (1) voluntary spring sampling point (GWMP-2). The compliance wells
(including GWMP-4) will be sampled for VSWMR Table 3.1 Column A target analytes plus




Mr. Brian Ferguson 

April 17, 2023 

Page 2 of 6 

 

 

previously detected Table 3.1 Column B target analytes including: dichlorodifluoromethane by 

Method 8260 for volatile organic compounds (VOCs); bis(2-ethylxexyl) phthalate, diethyl 

phthalate, di-n-butyl phthalate by Method 8270 for semi-volatile organic compounds (SVOCs); 

beta-BHC by Method 8081B for pesticides, and 2,4,5-T by Method 8151A for herbicides; and total 

mercury by Method 7470A.  The voluntary spring sampling point will be sampled for Table 3.1 

Column A target analytes only.   

• Groundwater monitoring wells will be purged and sampled using new, disposable bailers.  The 

residential compliance well will be purged and sampled from an outdoor hose bib.  The voluntary 

spring sample will be collected as a grab sample from the spring box.   

• Record and document all field data and related activities in the field, to be submitted as 

attachments to the semiannual and annual reports. 

• Coordinate with the related laboratories for the collection and delivery of samples to include 

proper field techniques, quality control, sample containers, shipment, and appropriate chain of 

custody. 

• Review lab invoices for accuracy/correctness and forward to the County for direct payment to the 

labs.  Lab analytical fees are not included in the total budget estimate. 

• Perform third party validation of lab analytical data for conformance with sample hold times, 

preservation, and appropriateness of analytical methods used and validation of conformance with 

USEPA guidelines will be completed by TRC. 

• Perform statistical evaluations within 30 days of event completion/receipt of the laboratory 

analytical report and Russell County notified of Statistically Significant Increases (SSI) and 

exceedances of GPS; notification to the VDEQ shall be made by TRC within 14 days of 

determination of a SSI or GPS exceedance [9 VAC 20-81-250.C.3.e.(3)(a)].   

• Prepare groundwater monitoring reports for submittal to VDEQ, including the first semiannual 

Groundwater Monitoring Report and a combined second semiannual and annual Groundwater 

Monitoring Report. Reports will be required for submittal to VDEQ within 120 days from 

completion of sampling and analyses for each semiannual monitoring event. Reports will be 

provided to Russell County for review and approval prior to submittal to VDEQ. 

• Prepare responses to VDEQ comments on groundwater reports as needed; perform other 

interactions with Russell County and VDEQ on matters consistent with this scope of services. 

• Perform verification sampling events and/or ASDs as required and with Russell County (OWNER) 

approval.  Estimated costs per verification event and per ASD are provided below as additional 

budget line items. If warranted, a specific scope of services and budget estimate will be provided 

for review and approval prior to completing the work. 

 

  The scope of services includes analytical costs for semiannual groundwater sampling with 

laboratory analysis for VSWMR Table 3.1 Column A target analytes plus previous detected Table 3.1 

Column B analytes as noted above. 

 

 

 

 

 

 

Mr. Brian Ferguson
April 17, 2023
Page 2 of 6

previously detected Table 3.1 Column B target analytes including: dichlorodifluoromethane by
Method 8260 for volatile organic compounds (VOCs); bis(2-ethylxexyl) phthalate, diethyl
phthalate, di-n-butyl phthalate by Method 8270 for semi-volatile organic compounds (SVOCs);
beta-BHC by Method 8081B for pesticides, and 2,4,5-T by Method 8151A for herbicides; and total
mercury by Method 7470A. The voluntary spring sampling point will be sampled for Table 3.1
Column A target analytes only.

Groundwater monitoring wells will be purged and sampled using new, disposable bailers. The
residential compliance well will be purged and sampled from an outdoor hose bib. The voluntary
spring sample will be collected as a grab sample from the spring box.

* Record and document all field data and related activities in the field, to be submitted as
attachments to the semiannual and annual reports.

* Coordinate with the related laboratories for the collection and delivery of samples to include
proper field techniques, quality control, sample containers, shipment, and appropriate chain of
custody.

* Review lab invoices for accuracy/correctness and forward to the County for direct payment to the
labs. Lab analytical fees are not included in the total budget estimate.

Perform third party validation of lab analytical data for conformance with sample hold times,
preservation, and appropriateness of analytical methods used and validation of conformance with
USEPA guidelines will be completed by TRC.

* Perform statistical evaluations within 30 days of event completion/receipt of the laboratory
analytical report and Russell County notified of Statistically Significant Increases (SSI) and
exceedances of GPS; notification to the VDEQ shall be made by TRC within 14 days of
determination of a SSI or GPS exceedance [9 VAC 20-81-250.C.3.e.(3)(a)]

* Prepare groundwater monitoring reports for submittal to VDEQ, including the first semiannual
Groundwater Monitoring Report and a combined second semiannual and annual Groundwater
Monitoring Report. Reports will be required for submittal to VDEQ within 120 days from
completion of sampling and analyses for each semiannual monitoring event. Reports will be
provided to Russell County for review and approval prior to submittal to VDEQ

© Prepare responses to VDEQ comments on groundwater reports as needed; perform other
interactions with Russell County and VDEQ on matters consistent with this scope of services.

* Perform verification sampling events and/or ASDs as required and with Russell County (OWNER)
approval. Estimated costs per verification event and per ASD are provided below as additional
budget line items. If warranted, a specific scope of services and budget estimate will be provided

for review and approval prior to completing the work.

The scope of services includes analytical costs for semiannual groundwater sampling with
laboratory analysis for VSWMR Table 3.1 Column A target analytes plus previous detected Table 3.1
Column B analytes as noted above.

> TRC




Mr. Brian Ferguson 

April 17, 2023 

Page 3 of 6 

 

 

ASSUMPTIONS 

 

This scope of services is based upon the following assumptions and conditions: 

• Fieldwork will be conducted in OSHA Level D personal protective equipment for worker 

protection.  If higher levels of personal protection are required at the site, an additional budget 

will be provided. 

• Lab analytical fees/invoices will be reviewed and forwarded to the County for direct payment to 

the lab.  Lab analytical fees are not included in the total budget estimate. 

• Estimated expenses are based upon the assumption that no severe quality control or quality 

assurance problems are encountered.  Severe problems may result in re-sampling and re-analysis.  

As requested by the County, TRC may provide such additional services as may be necessary to 

resolve severe QA/QC problems. 

• Budgets are based on current regulations. Should compliance with new regulations require 

additional services, the County will be notified, and an appropriate budget will be discussed. 

 

• The scope of services and budget estimate do not include the following: 

o regulatory compliance activities including additional meetings/coordination with VDEQ 

beyond what is described in the scope of work above, and responses and updates to 

regulatory compliance documents. 

o performance of any major maintenance or repair of the groundwater monitoring network. 

o installation of additional groundwater wells or dedicated pumps. 

o Lab analytical fees: lab fees will be reviewed and forwarded to the County for direct 

payment to the labs. 

o fees associated with verification sampling, preparation of alternate source 

demonstrations (ASDs), or other major revisions to the facility groundwater monitoring 

program; however, fee estimates per verification event and per ASD are listed separately 

as contingency items. 

  

Mr. Brian Ferguson
April 17, 2023
Page 3 of 6

ASSUMPTIONS

This scope of services is based upon the following assumptions and conditions:

Fieldwork will be conducted in OSHA Level D personal protective equipment for worker
protection. If higher levels of personal protection are required at the site, an additional budget
will be provided.

Lab analytical fees/invoices will be reviewed and forwarded to the County for direct payment to
the lab. Lab analytical fees are not included in the total budget estimate.

Estimated expenses are based upon the assumption that no severe quality control or quality
assurance problems are encountered. Severe problems may result in re-sampling and re-analysis.
As requested by the County, TRC may provide such additional services as may be necessary to
resolve severe QA/QC problems.

Budgets are based on current regulations. Should compliance with new regulations require
additional services, the County will be notified, and an appropriate budget will be discussed.

The scope of services and budget estimate do not include the following:

© regulatory compliance activities including additional meetings/coordination with VDEQ
beyond what is described in the scope of work above, and responses and updates to
regulatory compliance documents

© performance of any major maintenance or repair of the groundwater monitoring network.

© installation of additional groundwater wells or dedicated pumps.

© Lab analytical fees: lab fees will be reviewed and forwarded to the County for direct
payment to the labs.

© fees associated with verification sampling, preparation of alternate source
demonstrations (ASDs), or other major revisions to the facility groundwater monitoring
program; however, fee estimates per verification event and per ASD are listed separately
as contingency items.

> TRC




Mr. Brian Ferguson 

April 17, 2023 

Page 4 of 6 

 

 

BUDGET ESTIMATE 

 

 The estimated annual budget for this scope of services is $22,000 and is presented in the table 

below.  The actual cost of providing these services will be based upon time expended and materials 

consumed, not to exceed the budget estimate presented in the table, unless additional services are 

approved by the County.  This way the County will only be invoiced for time and materials actually 

expended towards the effort and any savings will be passed on back to the County. 

 

Budget Estimate 

Groundwater Monitoring (Annual Budget) – Russell County Closed Sanitary Landfill,  

Solid Waste Permit No. 258 

Description Fee Estimate 

TRC Services: 

 

• Complete two (2) semiannual Phase II groundwater 

monitoring events, and associated reporting as described in 

the Scope of Services 

 

• Laboratory Analytical Fee Estimate 

(not included in Total) 

 

• Complete one Verification Sampling Event  

(Contingency, as need) 

 

• Complete one Alternate Source Demonstration 

(Contingency, as needed) 

 

 

 

• $22,000 

 

 

 

• ($8,000) 

 

• ($3,500) 

 

 

• ($4,000 - $6,000) 

 

Total Budget Estimate for Groundwater Monitoring Services 

(excluding laboratory analytical fees, as-needed verification 

sampling and ASD contingency costs) 

 

$22,000 

 

 

Any additional services requested and authorized by Russell County may be provided on a time 

and material basis or negotiated lump sum fee based on your requirements in addition to the fees 

outlined herein.  If any additional services become necessary or desirable, a Request for Additional 

Services will be submitted.   

 

  

Mr. Brian Ferguson
April 17, 2023
Page 4 of 6

BUDGET ESTIMATE

The estimated annual budget for this scope of services is $22,000 and is presented in the table
below. The actual cost of providing these services will be based upon time expended and materials
consumed, not to exceed the budget estimate presented in the table, unless additional services are
approved by the County. This way the County will only be invoiced for time and materials actually
expended towards the effort and any savings will be passed on back to the County.

Budget Estimate
Groundwater Monitoring (Annual Budget) — Russell County Closed Sanitary Landfill,

Solid Waste Permit No. 258
Description l Fee Estimate

TRC Services:

* Complete two (2) semiannual Phase II groundwater $22,000
monitoring events, and associated reporting as described in

the Scope of Services

* Laboratory Analytical Fee Estimate ($8,000)

(not included in Total)

($3,500)
* Complete one Verification Sampling Event
(Contingency, as need)

($4,000 - $6,000)
* Complete one Alternate Source Demonstration
(Contingency, as needed)

Total Budget Estimate for Groundwater Monitoring Services
(excluding laboratory analytical fees, as-needed verification $22,000
sampling and ASD contingency costs)

Any additional services requested and authorized by Russell County may be provided on a time
and material basis or negotiated lump sum fee based on your requirements in addition to the fees
outlined herein. If any additional services become necessary or desirable, a Request for Additional
Services will be submitted

> TRC




Mr. Brian Ferguson 

April 17, 2023 

Page 5 of 6 

 

 

Thank you for the opportunity to provide groundwater and related monitoring services to Russell 

County.  If this proposal meets with your approval, please sign the Authorization to Proceed below and 

return it to us.  Please feel free to contact us if you have any questions or require any additional 

information.  

 

 

       Sincerely, 

       TRC Engineers, Inc. 

        
Will Mason-Deese 

       Project Manager 

 

 

 

 

      

 Srikanth Nathella, P.E. 

       Environmental Division Manager 

 

 

Attachments: TRC Standard Terms and Conditions 

  TRC 2023 Rate Schedule 

 

 

 

 

 

cc: Mr. Lonzo Lester, Russell County Administrator 

 Ms. Carrie Blankenship, P.G., TRC 

  

Mr. Brian Ferguson
April 17, 2023
Page 5 of 6

Thank you for the opportunity to provide groundwater and related monitoring services to Russell
County. If this proposal meets with your approval, please sign the Authorization to Proceed below and
return it to us. Please feel free to contact us if you have any questions or require any additional
information.

Sincerely,
TRC Engineers, Inc.

Arey OW,
WiukO OM pRB

Mason-Deese
Project Manager

Srikanth Nathella, PE.
Environmental Division Manager

Attachments: TRC Standard Terms and Conditions
TRC 2023 Rate Schedule

cc: Mr. Lonzo Lester, Russell County Administrator
Ms. Carrie Blankenship, P.G., TRC

> TRC




Mr. Brian Ferguson 

April 17, 2023 

Page 6 of 6 

 

 

________________________________________________________________________________________    

 

AUTHORIZATION TO PROCEED 

Proposal for Professional Services – Russell County closed Landfill, SWP No. 258 

Groundwater Monitoring – Calendar Year 2023 

 

TRC Companies Proposal No. Pending 

 

I/We agree and accept TRC’s proposal to provide the above-described services.  We understand the Scope 

of Services as provided herein and agree to the budget estimated for these services.  We further 

acknowledge that TRC will provide a proposal for any change in the Scope of Services described herein 

and that a signed agreement to provide those additional services will be executed prior to any work being 

performed. 

 

 

   _________________________________ _______________________________________  

Printed Name       Title 

 

 

   ________________________________________________________________   

Signature       Date 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mr. Brian Ferguson
April 17, 2023
Page 6 of 6

AUTHORIZATION TO PROCEED
Proposal for Professional Services - Russell County closed Landfill, SWP No. 258
Groundwater Monitoring - Calendar Year 2023

‘TRC Companies Proposal No. Pending

Ie agree and accept TRC's proposal to provide the above-described services. We understand the Scope
of Services as provided herein and agree to the budget estimated for these services. We further
acknowledge that TRC will provide a proposal for any change in the Scope of Services described herein
and that a signed agreement to provide those additional services will be executed prior to any work being
performed.

Printed Name Title

Signature Date

> TRC




               Page 1 of 8                                                                                     P-01 ver. 2022.07.18 
 

 
 TRC PROPOSAL TERMS AND CONDITIONS 

 
These Terms and Conditions are incorporated into the proposal to which these Terms and Conditions are attached (the “Proposal”). The term 
“TRC” herein shall mean the entity submitting the proposal. The term “Client” herein shall mean the person or entity for whom the Work will 
be performed.  

ARTICLE 1.  WORK, AGREEMENT DOCUMENTS, AND PROJECT INFORMATION 
1.1 Work, Deliverables, Materials.  TRC will perform the consulting, engineering, and/or other professional services (the “Work”), 

provide the work product, such as drawings, plans, specifications, reports, or other information (“Deliverables”), and/or procure the 
materials and/or equipment (“Materials”), as set forth in detail in the Proposal. 

1.2 Agreement Documents.  These Terms and Conditions, together with the Proposal, form the Agreement pursual to which TRC will 
perform. If Client issues a purchase order or similar document authorizing the Work (“Client Authorization”), any pre-printed terms 
included in any Client Authorization shall be of no effect and are expressly excluded from this Agreement.  

1.3 Interpretation.  In the event of any conflict or inconsistency between or among any of the Agreement Documents, these Terms and 
Conditions shall take precedence, followed by the Proposal, unless expressly stated otherwise herein or in the Proposal. In the event 
of any conflict or inconsistency between or among the terms or conditions established in a Change Order or amendment and the 
Agreement, the terms of such Change Order or amendment will take precedence over those of the Agreement. No other terms or 
conditions shall be applicable to the Work. 

1.4 Defined Terms.  Some capitalized terms used in the Agreement may be defined in the Proposal. Any term defined in the Proposal 
will have the same meaning throughout the Agreement, and any term defined in the Agreement will have the same meaning in the 
Proposal. 

ARTICLE 2.  COMPENSATION AND INVOICING 
2.1 Compensation.  Client shall pay the Contract Price set forth in the Proposal.   
2.2 Invoicing.  TRC will bill for its Work, and Client shall compensate TRC, as provided in the Proposal. TRC will submit monthly 

invoices for Work rendered and expenses incurred in the prior month.   
(a) Time and Expense.  Any Work performed on a time and expense or time and materials basis will be invoiced as follows:  

(i) Rates shall be as set forth in the Proposal. Rates are subject to increase on an annual basis. 
(ii) TRC will keep accurate and daily records of all labor, equipment, and materials furnished. TRC will summarize daily 

records on a weekly and/or monthly basis and will submit for review upon Client’s written request. 
(iii) Reimbursable Expenses: 

 Project Expenses.  Expenses reasonably incurred in connection with the Work will be invoiced at 6% of Labor 
(includes in-house reproduction, office materials, telecommunications, standard software, postage, computer 
expenses, and field expendables). 

 Insurance. A charge of 2% will be applied to all invoiced amounts for the cost of TRC’s insurance coverage. 
 Subcontractors. A fee of 10% will be added to the invoice cost of subcontracts managed by TRC 
 Client Requested Expenses. Outside services such as, but not limited to, outside reprographic services, materials, 

and equipment, will be invoiced at cost plus 10%. 
 Mileage.   Personal automobile travel from portal to portal or between locations will be charged at current IRS 

mileage rates per mile. 
 Travel Expenses.  Airfare, car rental, taxi, parking, tolls, and incidental expenses will be invoiced at cost plus 

10%, with receipts provided for any expense over $25.00. 
 Lodging and Meals. Lodging and meals will be charged either:  

o at cost plus 10%, with receipts provided for any expense over $25.00, or  
o on a per diem basis, using the GSA per diem rates found here: https://www.gsa.gov/travel/plan-book/per-

diem-rates. When lodging and meals are charged on a per diem basis, a flat per diem rate will be charged 
and receipts will not be provided for actual lodging and meal expenses. 

(iv) Unless otherwise stated, the Contract Price does not include any present or future federal, state, or local property, license, 
privilege, sales, use, excise, gross receipts or other like taxes or assessments which may be applicable to, measured by, 
imposed upon, or resulting from the performance of the Work. 

(b) Lump Sum or Unit Prices.  If Work is performed on a lump sum or unit price basis, TRC will invoice on the schedule 
provided for in the Proposal or, if no invoicing schedule is included in the Proposal, based on percentage of completion of 
Work or number of units completed, as applicable.   

(c) Disputed Invoices.  If Client objects to all or any portion of an invoice, it must notify TRC in writing detailing the nature 
of the objection within seven (7) days from the date of receipt of the invoice, and must pay any undisputed portion of the 
invoice as provided in Section 2.3 below. The Parties will confer immediately after Client advises of a dispute and the 
Parties will make every effort to immediately resolve the disputed portion of the invoice. If the Parties fail to reach 
agreement at the project level on a disputed invoice within thirty (30) days of the date of the invoice, either Party has the 
option of proceeding in accordance with Article 15, Dispute Resolution. 

2.3 Payment Terms.  Except as provided in Section 2.2(c) above, Client must pay all invoices as set forth in the remittance instructions 
in Section 16.12 below no later than thirty (30) days after the date of the invoice.   

2.4 Failure to Pay.  Except as provided in Section 2.2(c) above, interest will accrue on all delinquent payments at the rate of 1.5% per 
month, or the highest rate permissible under applicable law, whichever is less, starting on the 31st day after the date of an invoice. 

WMasonDeese
Cross-Out

WMasonDeese
Cross-Out

WMasonDeese
Cross-Out

WMasonDeese
Cross-Out

WMasonDeese
WMD

> TRC

‘These Terms and Conditions are incorporated into the proposal to which these Terms and Conditions are attached (the “Proposal”). The term

“TRC” herein shall mean the entity submitting the proposal. The term “Client” herein shall mean the person or entity for whom the Work will
be performed,

TRC PROPOSAL TERMS AND CONDITIONS

ARTICLE 1. WORK, AGREEMENT DOCUMENTS, AND PROJECT INFORMATION

1.1 Work, Deliverables, Materials. TRC will perform the consulting, engineering, and/or other professional services (the “Work”),
provide the work product, such as drawings, plans, specifications, reports, or other information (“Deliverables”), and/or procure the
materials and/or equipment (“Materials”), as set forth in detail in the Proposal

1.2 Agreement Documents. ‘These Terms and Conditions, together with the Proposal, form the Agreement pursual to which TRC will
perform. If Client issues a purchase order or similar document authorizing the Work (“Client Authorization”), any pre-printed terms
included in any Client Authorization shall be of no effect and are expressly excluded from this Agreement.

1.3 Interpretation. In the event of any conflict or inconsistency between or among any of the Agreement Documents, these Terms and
Conditions shall take precedence, followed by the Proposal, unless expressly stated otherwise herein or in the Proposal. In the event
Of any conflict or inconsistency between or among the terms or conditions established in a Change Order or amendment and the
‘Agreement, the terms of such Change Order or amendment will take precedence over those of the Agreement, No other terms or
‘conditions shall be applicable to the Work.

14 Defined Terms, Some capitalized terms used in the Agreement may be defined in the Proposal. Any term defined in the Proposal
‘will have the same meaning throughout the Agreement, and any term defined in the Agreement will have the same meaning in the
Proposal.

ARTICLE 2. COMPENSATION AND INVOICING

2.1 Compensation. Client shall pay the Contract Price set forth in the Proposal

2.2 Invoicing. TRC will bill for its Work, and Client shall compensate TRC, as provided in the Proposal. TRC will submit monthly
invoices for Work rendered and expenses incurred in the prior month,
(a) Time and Expense. Any Work performed on a time and expense or time and materials basis will be invoiced as follows:
(i) Rates shall be as set forth in the Proposal. Rates are subject fo inerease on an annual basis.
Gi) TRC will keep accurate and daily records of all labor, equipment, and materials furnished. TRC will summarize daily
records on a weekly and/or monthly basis and will submit for review upon Client's written request.
ii) Reimbursable Expenses

+ Project Expenses.—Expenses reasonably incurred in connection with the- Work will be invoiced at 6% of Labor

: - . postage, [ MD
Subcontractors. A fee of 10% willbe added tothe invoice cost of subcontracts managed by TRC WMD |
+ Client Requested Expenses. Outside services such as, bu not limited o, ouside reprographie services, materia, /

‘and equipment, will be invoiced at cost plus 10%,
* Mileage. Personal automobile travel fom portal to portal or between locations will be charged at current IRS
mileage rates per mile.
+ Travel Expenses. Airfare, car rental, taxi, parking, tolls, and incidental expenses will be invoiced at cost plus
10%, with receipts provided for any expense over $25.00,
* Lodging and Meals. Lodging and meals will be charged either:
‘© atcost plus 10%, with receipts provided for any expense over $25.00, or
© onaperdiem basis, using the GSA per diem rates found here: htips://www.gsa.gov/travel/plan-bool/per=
ddiem-rates. When lodging and meals are charged on a per diem basis, a flat per diem rate will be charged
and receipts will not be provided for actual lodging and meal expenses.

(iv) Unless otherwise stated, the Contract Price does not include any present or future federal, state, or local property license,
privilege, sales, use, excise, gross receipts or other like taxes or assessments which may be applicable to, measured by,
imposed upon, or resulting from the performance of the Work.

(6) Lump Sum or Unit Prices. If Work is performed on a lump sum or unit price basis, TRC will invoice on the schedule
provided for in the Proposal or, if no invoicing schedule is included in the Proposal, based on percentage of completion of
Work or number of units completed, as applicable.

(©) Disputed Invoices. If Client objects to all or any portion of an invoice, it must notify TRC in writing detailing the nature
of the objection within seven (7) days from the date of receipt ofthe invoice, and must pay any undisputed portion of the
invoice as provided in Section 2.3 below. The Parties will confer immediately after Client advises of a dispute and the
Parties will make every effort to immediately resolve the disputed portion of the invoice. If the Parties fail to reach
agreement at the project level on a disputed invoice within thirty (30) days ofthe date of the invoice, either Party has the
‘option of proceeding in accordance with Anticle 15, Dispute Resolution.

2.3. Payment Terms. Except as provided in Section 2.2(c) above, Client must pay all invoices as set forth in the remittance instructions
in Seetion 16.12 below no later than thirty (30) days after the date ofthe invoice,
24 Failure to Pay. Except as provided in Section 2.2(c) above, interest will accrue on all delinquent payments at the rate of 1.5% per

month, or the highest rate permissible under applicable law, whichever is less, starting on the 31° day after the date of an invoice.

TRC Page | of § P-OL ver. 2022.07.18




               Page 2 of 8                                                                                     P-01 ver. 2022.07.18 
 

Additionally, if Client does not pay TRC within forty-five (45) days of the date of an invoice, then, upon seven (7) days’ written 
notice to Client, TRC may suspend performance of the Work and any Deliverables until it receives payment of the amount owing. 
Additionally, Client will reimburse TRC for all reasonable costs incurred by TRC in collecting any overdue payments and related 
interest, including, without limitation, reasonable attorneys’ fees, other legal costs, court costs, and collection agency fees. 

2.5 Records/Audit.  TRC will keep complete and accurate records in accordance with generally accepted accounting practices with 
respect to all amounts invoiced by TRC under this Agreement.  TRC will keep such records pertaining to each invoice for two (2) 
years after the date of the invoice. If an audit is commenced within such two (2) year period, Client must provide TRC with advance 
written notice of the audit, such audit may only be performed during normal business hours, and such audit shall not extend to TRC’s 
overhead, markups, profit/loss information, fixed rates, unit prices, prices expressed as percentages, efficiency in performing Work, 
or any trade secrets.  

ARTICLE 3.  TIME FOR PERFORMANCE 
3.1 Time for Performance.  TRC will use commercially reasonable efforts to perform the Work within the Contract Time stated in the 

Proposal to the extent consistent with the terms of this Agreement, the Standard of Care defined below, and the orderly progress of 
the Work.   

3.2 Completion.  TRC’s Work will be considered complete at the earlier of: (i) the date when TRC’s Deliverables are reasonably accepted 
by Client; or (ii) thirty (30) days after the date when the last of TRC’s Deliverables are submitted for final acceptance if Client does 
not notify TRC in writing within such 30-day period that the Deliverables fail to conform to the requirements of the Agreement. 

ARTICLE 4.  ADDITIONAL AND CHANGED WORK, DELAYS 
4.1 Work Added or Changed by Client.  Client shall provide TRC with an equitable adjustment in compensation and time for performance 

for any Work added or changed by Client. Any changes or additions to the Work shall be set forth in a written document signed by 
both Parties(“Change Order”). TRC has no obligation to proceed with changed or additional work until the Parties execute a Change 
Order. 

4.2 Force Majeure Events.  No Party will be liable or responsible to the other Party, nor be deemed to have defaulted under this 
Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make 
payments to the other Party hereunder), to the extent such failure or delay is caused by a Force Majeure Event. The term “Force 
Majeure Event” means any event which: (a) is not within the reasonable control of the affected Party; and (b) causes the affected 
Party to be delayed in performance of, or unable to perform, its obligations under this Agreement. Subject to the foregoing, Force 
Majeure Events include, but are not limited to: drought; fire; flood; extreme weather conditions; earthquake; lightning; epidemic; 
war (whether declared or undeclared); acts of terrorism, or damage resulting therefrom; acts of God or the public enemy; explosion; 
rebellion; riot; civil disturbance; sabotage; vandalism; actions of third parties; actions of a court or other governmental entity; actions 
of, or failure to act by, regulatory agencies; strikes or other concerted acts of workers; accidents in shipping or transportation; and 
the closing or congestion (beyond reasonably foreseeable levels) in any harbor, dock, port, canal, or other adjunct of the shipping or 
navigation of or within any place; or pandemic, epidemic, or governmental activity in response to such pandemic or epidemic that 
impacts a Party’s ability to perform. The Party affected by  a Force Majeure Event: (i) must promptly notify the other Party by email; 
(ii) is relieved from fulfilling its contractual obligations during the continuance of the Force Majeure Event  to the extent  the inability 
to perform is caused by the Force Majeure Event; (iii) as soon as reasonably possible after the Force Majeure, must fulfill or resume 
fulfilling its obligations hereunder; (iv) must promptly notify the other Party by email of the cessation or partial cessation of the Force 
Majeure Event; and (v) will be entitled to  equitable compensation and an equitable adjustment of the Contract Time  to neutralize 
the effect of the Force Majeure Event. Within a reasonable time after cessation of the Force Majeure Event, any Party claiming 
additional time and/or compensation must provide the other Party with supporting information to substantiate its position. If the 
Parties fail to reach agreement at the project level on an amendment or a Change Order within thirty (30) days of the submission of 
supporting information, either Party has the option of proceeding in accordance with Article 15, Dispute Resolution.  

4.3 Impacts to the Work.  TRC will be entitled to equitable compensation for, and an equitable adjustment of the Contract Time, to the 
extent the Work is impacted by any additional or changed Work as a result of any actions or circumstances not the fault of TRC, 
including, but not limited to:  a failure of Client to perform or cause performance of its obligations in accordance with the Agreement, 
including, but not limited to, failure to provide necessary access or Information (defined below); failure to provide necessary 
comments in connection with the development of any Deliverables (defined below); interference with or delay of any Work caused 
by Client, or other party for whom Client is responsible; any error, omission, or ambiguity in Information; changes in site conditions; 
and delays in obtaining, or the absence, suspension, termination, or failure of renewal of, any permit, license, or governmental 
authorization.  

4.4 TRC Change Order Requests.  Whenever TRC discovers an event or a condition has impacted its Work so as to constitute a basis for 
a change in compensation or schedule, TRC will notify Client by email promptly after discovery of the event or condition, advising 
Client of the nature of the impact and requesting a Change Order. Within a reasonable time thereafter, TRC will provide Client 
supporting information to substantiate TRC’s position. If the Parties fail to reach agreement at the project level on a Change Order 
request within thirty (30) days’ of TRC’s submission of supporting information, either Party has the option of proceeding in 
accordance with Article 15, Dispute Resolution. 

4.5 Delays by TRC.  If the Work is not progressing in accordance with the project schedule due to TRC’s fault, TRC will take appropriate 
corrective measures to recover the schedule at TRC’s expense, to the extent the delays are caused by TRC’s fault. 

ARTICLE 5.  CLIENT’S RESPONSIBILITIES 
5.1 Client Information.  Client will furnish to TRC all existing studies, reports, surveys, inspections, Project Site evaluations, data, and 

other information  available or that becomes available to Client and pertinent to TRC’s performance of the Work (“Information”), 
authorize TRC to obtain additional Information as required; and furnish the services of others where necessary for the performance 
of the Work.  TRC will be entitled to use and rely on the completeness and accuracy of all such Information. 

5.2 Access.  Where necessary for performance of the Work, Client will arrange for TRC access to any site or property. 
 

Additionally, if Client does not pay TRC within forty-five (45) days of the date of an invoice, then, upon seven (7) days’ written
notice to Client, TRC may suspend performance of the Work and any Deliverables until it receives payment of the amount owing.
‘Additionally, Client will reimburse TRC for all reasonable costs incurred by TRC in collecting any overdue payments and related
interest, including, without limitation, reasonable attorneys’ fees, other egal costs, court costs, and collection agency fees

2.5 Records/Audit. TRC will keep complete and accurate records in accordance with generally accepted accounting practices with
respect to all amounts invoiced by TRC under this Agreement. TRC will keep such records pertaining to each invoice for two (2)
‘years after the date of the invoice, Ifan audit is commenced within such two (2) year period, Client must provide TRC with advance
‘written notice of the audit, such audit may only be performed during normal business hours, and such audit shall not extend to TRC’s
‘overhead, markups, profitloss information, fixed rates, unit prices, prices expressed as percentages, efficiency in performing Work,
cor any trade secrets,

ARTICLE 3. TIME FOR PERFORMANCE

3.1 Time for Performance. TRC will use commercially reasonable efforts to perform the Work within the Contract Time stated in the
Proposal to the extent consistent with the terms of this Agreement, the Standard of Care defined below, and the orderly progress of
the Work.

3.2 Completion. TRC’s Work will be considered complete atthe earlier of (i) the date when TRC’s Deliverables are reasonably accepted

by Cliemt; or (i) thirty (30) days after the date when the last of TRC’s Deliverables are submitted for final acceptance iff Client does
‘not notify TRC in writing within such 30-day period that the Deliverables fil to conform to the requirements of the Agreement

ARTICLE 4, ADDITIONAL AND CHANGED WORK, DELAYS.

4.1 Work Added or Changed by Client. Client shall provide TRC with an equitable adjustment in compensation and time for performance
for any Work added or changed by Client. Any changes or additions to the Work shall be set forth in a written document signed by
‘both Parties(*Change Order”). TRC has no obligation to proceed with changed or additional work until the Parties execute a Change
Order.

4.2 Force Majeure Events. No Party will be liable or responsible to the other Party, nor be deemed to have defaulted under this
‘Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make
payments to the other Party hereunder), t0 the extent such failure or delay is caused by a Force Majeure Event. The term “Force
Majeure Event” means any event which: (a) is not within the reasonable control of the affected Party; and (b) causes the affected
Party to be delayed in performance of, or unable to perform, its obligations under this Agreement. Subject to the foregoing, Force
Majeure Events include, but are not limited to: drought; fire; flood; extreme weather conditions; earthquake; lightning; epidemic;
‘war (whether declared or undeclared); acts of terrorism, or damage resulting therefrom; acts of God or the public enemy; explosion:
rebellion; riot; civil disturbance; sabotage; vandalism; actions of third parties; actions of a court or other governmental entity; actions
Of, or failure to act by, regulatory agencies; strikes or other concerted acts of workers; accidents in shipping or transportation; and
the closing or congestion (beyond reasonably foreseeable levels) in any harbor, dock, port, canal, or other adjunct of the shipping or
navigation of or within any place; or pandemic, epidemic, or governmental activity in response to such pandemic or epidemic that
impacts a Party’s ability to perform. The Party affected by a Force Majeure Event: (i) must promptly notify the other Party by email;
(Gi) i relieved from fulfilling its contractual obligations during the continuance of the Force Majeure Event to the extent the inability
to perform is caused by the Force Majeure Event; (ii) as soon as reasonably possible after the Force Majeure, must fulfill or resume
fulfilling its obligations hereunder; (iv) must promptly notify the other Party by email ofthe cessation or partial cessation of the Force
Majeure Event; and (v) will be entitled to equitable compensation and an equitable adjustment of the Contract Time to neutralize
the effect of the Force Majeure Event, Within a reasonable time after cessation of the Force Majeure Event, any Party claiming
‘additional time and/or compensation must provide the other Party with supporting information to substantiate its position. If the
Parties fail to reach agreement atthe project level on an amendment or a Change Order within thirty (30) days of the submission of
supporting information, either Party has the option of proceeding in accordance with Article 15, Dispute Resolution.

43 Impacts to the Work. TRC will be entitled to equitable compensation for, and an equitable adjustment of the Contract Time, to the
extent the Work is impacted by any additional or changed Work as a result of any actions or circumstances not the fault of TRC,
including, but not limited to: a failure of Client to perform or cause performance of its obligations in accordance with the Agreement,
including, but not limited to, failure to provide necessary access or Information (defined below); failure to provide necessary
‘comments in connection with the development of any Deliverables (defined below); interference with or delay of any Work caused
bby Client, or other party for whom Client is responsible; any error, omission, or ambiguity in Information; changes insite conditions;
and delays in obtaining, or the absence, suspension, termination, or failure of renewal of, any permit, license, or governmental
authorization,

44 TRC Change Order Requests. Whenever TRC discovers an event or a condition has impacted its Work so as to constitute a basis for
‘a change in compensation or schedule, TRC will notify Client by email promptly after discovery of the event or condition, advising
Client of the nature of the impact and requesting a Change Order. Within a reasonable time thereafter, TRC will provide Client
supporting information to substantiate TRC’s position. Ifthe Parties fail to reach agreement atthe project level on a Change Order
request within thirty (30) days’ of TRC’s submission of supporting information, either Party has the option of proceeding in
accordance with Article 15, Dispute Resolution.

4S Delaysby TRC. Ifthe Work is not progressing in accordance with the project schedule due to TRC’s fault, TRC will take appropriate
corrective measures to recover the schedule at TRC’s expense, to the extent the delays are caused by TRC’s fault

ARTICLE 5, CLIENT'S RESPONSIBILITIES

5.1 Client Information. Client will furnish to TRC all existing studies, reports, surveys, inspections, Project Site evaluations, data, and
fother information available or that becomes available to Client and pertinent fo TRC’s performance of the Work (“Information”),
authorize TRC to obtain additional Information as required; and furnish the services of others where necessary for the performance
of the Work. TRC will be entitled to use and rely on the completeness and accuracy ofall such Information,

52 Access. Where necessary for performance of the Work, Client will arrange for TRC access to any site or property.

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5.3 Subsurface Investigations.  If the Work involves subsurface investigation, excavation, or drilling, Client must provide TRC with 
assistance in locating underground structures or utilities in the vicinity of any such activities. If despite commercially appropriate 
practices neither Client nor TRC can confirm the location of such underground structures or utilities, Client agrees that TRC is not 
responsible for any costs associated with, and accepts all liability and costs associated with, the repair, replacement, or restoration of 
any damage caused by the performance of the Work.   

5.4 Communication.  Client will designate an authorized representative who will be responsible for communications and consultation 
with TRC and who will have the authority to make decisions necessary for TRC to perform its Work.  

ARTICLE 6.  TRC’S OBLIGATIONS AND WARRANTY 
6.1 Standard of Care.  TRC will perform the Work consistent with the professional skill and care ordinarily provided by the same type 

of professional, for a project of similar size, scope, and complexity during the time which the Work is provided, and in a similar 
locality, under similar circumstances (“Standard of Care”). Reasonable people may disagree on matters involving professional 
judgment and, accordingly, a difference of opinion on a question of professional judgment will not excuse Client from paying for 
Work rendered. 

6.2 Warranty for Materials.  In the event TRC procures Materials pursuant to this Agreement, TRC warrants to Client that the Materials 
will be new and free of defects in workmanship (“Warranty”). 

6.3 Remedies.  If TRC’s Work fails to meet the Standard of Care (“Nonconforming Work”), or if any Materials fail to meet the Warranty 
(“Defective Materials”), and if Client provides written notice to TRC of such failure no later than one (1) year after completion of 
the Work (“Correction Period”), at TRC’s option TRC will within a reasonable time after receipt of written notice: (a) re-perform 
the Non-conforming Work; (b) repair or replace the Defective Materials; or (c) refund the amount of compensation paid to TRC for 
such Non-conforming Work and/or Defective Materials. Client will provide TRC access to the Project Site so TRC can perform its 
obligations under this Section 6.3. 

6.4 Warranty Limitation.  THE STANDARD OF CARE IS NOT A WARRANTY OR GUARANTEE, AND TRC HAS NO SUCH 
OBLIGATION, EXPRESS OR IMPLIED, WITH RESPECT TO PROFESSIONAL SERVICES. NOTHING IN THIS 
AGREEMENT WILL BE INTERPRETED TO REQUIRE TRC TO PERFORM PROFESSIONAL SERVICES TO ANY HIGHER 
STANDARD OR HAVE ANY OBLIGATION IN THE PERFORMANCE OF PROFESSIONAL SERVICES IN EXCESS OF 
WHAT IS REQUIRED BY THE STANDARD OF CARE, AND THIS SECTION WILL CONTROL OVER ANY CONTRARY 
PROVISION. OTHER THAN THE EXPRESS WARRANTIES CONTAINED HEREIN, TRC DISCLAIMS ALL WARRANTIES, 
WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND 
FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE 
IN TRADE. SUBJECT TO TRC’S LIABILITY UNDER SECTION 9.2, CLIENT’S EXCLUSIVE REMEDIES AND TRC’S ONLY 
OBLIGATIONS ARISING OUT OF A CLAIM FOR NONCONFORMING WORK AND/OR DEFECTIVE MATERIALS 
FOLLOWING SUBSTANTIAL COMPLETION OF THE WORK WILL BE THOSE STATED IN THIS ARTICLE 6. 

6.5 Licenses.  TRC will obtain in TRC’s name the known licenses, permits, or other approvals from any governmental agency or 
regulatory body that are necessary for TRC to perform the Work. 

6.6 Resources.  TRC will obtain all tools, equipment, materials, software, and licenses that are necessary for TRC to perform the Work. 
6.7 Employees.  TRC will employ, discharge, pay, control, and direct its employees.  TRC will employ only skilled professionals for 

Work requiring special qualifications.  
6.8 Inspections.   If the Work includes inspections during or after construction based upon TRC-prepared drawings or specifications, 

nothwithstanding anything to the contrary herein, consistent with the Standard of Care, TRC will visit the Project Site at intervals 
appropriate to the state of the contractor's operations, or as specifically provided in TRC’s Work, (1) to become generally familiar 
with and to keep Client informed about the progress and quality of the portion of the construction work completed, (2) to endeavor 
to guard Client against defects and deficiencies in the construction work, and (3) to determine in general if the construction work is 
being performed in a manner indicating that, when fully completed, will be in accordance with the applicable contract documents, 
but the sole responsibility for compliance with drawings and specifications will be with the entity performing the construction. TRC 
shall not have control of, nor be in charge of, nor shall be responsible for, the means, methods, techniques, sequences, procedures, 
construction, or safety precautions and programs in connection with any construction work, as these are solely the construction 
contractor’s rights and responsibilities. Furthermore, TRC shall not be responsible for the failure of Client, or any party under contract 
with Client, including, but not limited to, any architect, engineer, consultant, contractor, or subcontractor, to carry out their respective 
responsibilities in accordance with their legal and contractual obligations.  

6.9 Communication.  TRC will designate an authorized representative who will be responsible for communications and consultation with 
Client and who will have the authority to make decisions necessary for TRC to perform its Work. TRC will advise Client at regular 
intervals of the status of the Work.  

ARTICLE 7.  CONFIDENTIALITY 
7.1 Confidentiality Agreement.  The Party receiving Confidential Information may include that Party’s Representatives (“Recipient”). 

The term “Representatives” means a Party’s affiliates and their respective employees, agents, and advisors. Recipient is not 
permitted to reveal Confidential Information (defined in Section 7.2 below) to any third party without written consent from an 
authorized representative of the Party disclosing the Confidential Information (“Discloser”). Notwithstanding the foregoing, Client 
acknowledges that TRC’s review of Client’s Confidential Information will inevitably enhance TRC’s knowledge and understanding 
of Client’s business in a way that cannot be separated from TRC’s other knowledge, and Client agrees that this Agreement shall not 
restrict TRC in connection with the purchase, sale, or consideration of, or decisions related to, other investments.  

7.2 Confidential Information. The term “Confidential Information” includes: (i) all non-public information, materials, or products 
developed pursuant to this Agreement; and (ii) information about a Party’s or its Representatives’ business affairs, employees, 
finances, services, intellectual property, trade secrets, and other sensitive, marketing, or proprietary information, whether disclosed 
orally or in written, electronic, or other form or media. Notwithstanding the foregoing, however, Confidential Information shall not 
include the following: (i) information which at the time of disclosure is or becomes publicly available other than as a result of a 

53

54

62

63

64

65

66

68

69

ARTICLE 7. CONFIDENTIALITY

mM

72

Subsurface Investigations. If the Work involves subsurface investigation, excavation, or drilling, Client must provide TRC with
assistance in locating underground structures or utilities in the vicinity of any such activities. If despite commercially appropriate
practices neither Client nor TRC can confirm the location of such underpround structures or uilities, Client agrees that TRC isnot
responsible for any cots associated with, and accepts all ibility and costs associated with, the repair, replacement, or restoration of
any damage caused by the performance of the Work

‘Communication. Client will designate an authorized representative who will be responsible for communications and consultation
‘with TRC and who will have the authority to make decisions necessary for TRC to perform its Work

6, TRC’S OBLIGATIONS AND WARRANTY

Standard of Care. TRC will perform the Work consistent with the professional skill and care ordinarily provided by the same type
of professional, for a project of similar size, scope, and complexity during the time which the Work is provided, and in a similar
locality, under similar circumstances (“Standard of Care”), Reasonable people may disagree on matters involving professional
judgment and, accordingly, a difference of opinion on a question of professional judgment will not excuse Client from paying for
Work rendered

Warranty for Materials. Inthe event TRC procures Materials pursuant to this Agreement, TRC warrants to Client thatthe Materials
\ill be new and fre of defects in workmanship (“Warranty”)

Remedies. IfTRC's Work fils to meet the Standard of Cre (*Nonconforming Work”), or ifany Matera fail to meet the Warranty
(Defective Materials”), and if Client provides written notice to TRC of such failure no later than one (1) year after completion of
the Work ("Correction Period”) at TRC's option TRC will within a reasonable time after receipt of writen notice: (a) re-perform
the Non-conforming Work; (b) repair or replace the Defective Materials; or (©) refund the amount of compensation paid to TRC for
such Non-conforming Work andior Defective Materials. Client will provide TRC access to the Projet Site so TRC can perform its
obligations under this Section 63.

Warranty Limitation. THE STANDARD OF CARE IS NOT A WARRANTY OR GUARANTEE, AND TRC HAS NO SUCH
OBLIGATION, EXPRESS OR IMPLIED, WITH RESPECT TO PROFESSIONAL SERVICES. NOTHING IN. THIS
AGREEMENT WILL BE INTERPRETED TO REQUIRE TRC TO PERFORM PROFESSIONAL SERVICES TO ANY HIGHER
STANDARD OR HAVE ANY OBLIGATION IN THE PERFORMANCE OF PROFESSIONAL SERVICES IN EXCESS OF
WHAT IS REQUIRED BY THE STANDARD OF CARE, AND THIS SECTION WILL CONTROL OVER ANY CONTRARY
PROVISION. OTHER THAN THE EXPRESS WARRANTIES CONTAINED HEREIN, TRC DISCLAIMS ALL WARRANTIES,
WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE
IN TRADE, SUBJECT TO TRC’S LIABILITY UNDER SECTION 9.2, CLIENT'S EXCLUSIVE REMEDIES AND TRC’S ONLY
OBLIGATIONS ARISING OUT OF A CLAIM FOR NONCONFORMING WORK AND/OR DEFECTIVE MATERIALS
FOLLOWING SUBSTANTIAL COMPLETION OF THE WORK WILL BE THOSE STATED IN THIS ARTICLE 6

Licenses. TRC will obtain in TRC’s name the known licenses, permits, or other approvals from any governmental agency or
regulatory body that are necessary for TRC to perform the Work

Resourves. TRC will obtain all tools, equipment, materials, software, and licenses that are necessary for TRC to perform the Work

Employees. TRC will employ, discharge, pay, control, and direct its employees. TRC will employ only skilled professionals for
Work requiring special qualifications.

Inspections. Ifthe Work includes inspections during or after construction based upon TRC-prepared drawings or specifications,
nothwithstanding anything to the contrary herein, consistent with the Standard of Care, TRC will vist the Projet Site at intervals
appropriate to the state of the contractor's operations, oF as speifically provided in TRC’s Work, (1) to become generally familiar
with and to keep Client informed about the progress and quality of the portion of the construction work completed, (2) to endeavor
to guard Client against defects and deficiencies in the construction work, and (3) to determine in general ifthe construction work is
being performed in a manner indicating that, when fully completed, will be in accordance with the applicable contract documents,
but the sole responsibilty for compliance with drawings and specifications will be wth the entity performing the construction. TRC
shall not have contol of, nor bein charge of, nor shall be responsible for, the means, methods, techniques, sequences, procedures,
construction, or safety precautions and programs in connection with any construction work, as these are solely the construction
contractors rights and responsibilities. Furthermore, TRC shall not be responsible forthe failure of Client, or any party under contract
‘with Client, including, but not limited to, any architect, engineer, consultant, contractor, or subcontractor, to carry out their respective
responsibilities in accordance with ther legal and contractual obligations.

‘Communication. TRC will designate an authorized representative who will be responsible for communications and consultation with
Client and who will have the authority to make decisions necessary for TRC to perform its Work. TRC will advise Client at regular
intervals of the status ofthe Work

Confidentiality Agreement, The Party receiving Confidential Information may include that Party’s Representatives (“Recipient”),
‘The term “Representatives” means a Party's affiliates and their respective employees, agents, and advisors. Recipient is not
permitted t0 reveal Confidential Information (defined in Section 7.2 below) to any third party without written consent from an
authorized representative of the Party disclosing the Confidential Information (“Discloser”). Notwithstanding the foregoing, Client
‘acknowledges that TRC’s review of Client’s Confidential Information will inevitably enhance TRC’s knowledge and understanding
‘of Client’s business in a way that cannot be separated from TRC’s other knowledge, and Client agrees that this Agreement shall not
restrict TRC in connection with the purchase, sale, or consideration of, or decisions related to, other investments.

dential Information. The term “Confidential Information” includes: (i) all non-public information, materials, or produets
‘developed pursuant to this Agreement; and (ii) information about a Party's or its Representatives’ business affairs, employees,
finances, services, intellectual property, trade secrets, and other sensitive, marketing, or proprietary information, whether disclosed
‘rally or in writen, electronic, or other form or media. Notwithstanding the foregoing, however, Confidential Information shall not
include the following: (i) information which at the time of disclosure is or becomes publicly available other than as a result of a

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disclosure by an act or omission of Recipient; (ii) information which is or becomes available to Recipient on a nonconfidential basis 
from a source (other than from Discloser) which is not prohibited from disclosing such information pursuant to a legal, contractual 
or fiduciary obligation to Discloser; (iii) information which was already known to Recipient; or (iv) information which is 
independently developed by Recipient. 

7.3 Legal Obligation to Disclose.  If Recipient is required by applicable law, regulation, or legal process to disclose any of the 
Confidential Information, Recipient will notify Discloser promptly so Discloser may (i) seek a protective order or other appropriate 
remedy, (ii) take action to assure confidential handling of such information, and/or (iii) in its sole discretion, waive compliance with 
the terms of this Agreement. In the event such protective order or other remedy is not obtained, or Discloser waives compliance with 
the terms hereof, Recipient (i) may so disclose only that portion of the Confidential Information which it is legally required to disclose 
and shall, upon request, reasonably assist Discloser with Discloser’s efforts to obtain reliable assurance that confidential treatment 
will be afforded such Confidential Information, and (ii) shall not be liable for such disclosure. Notwithstanding the foregoing, Client 
acknowledges that one or more of TRC’s affiliates is a registered investment adviser and that TRC may be subject to routine 
examinations, investigations, regulatory sweeps, or other regulatory inquiries by applicable regulatory and self-regulatory authorities. 
Client agrees that TRC may make such disclosures as may be requested by any such authority (or examiner thereof) and will not be 
required to comply with the process described in this paragraph; provided that if the request by such authority (or examiner thereof) 
is specifically targeted at Client, TRC will notify Client (to the extent not prohibited by such authority or examiner or by applicable 
rule, regulation, or law) as promptly as practicable following such request. 

7.4 Remedy.  Each Party agrees the actual or threatened disclosure or use of any Confidential Information, other than as permitted under 
this Agreement, will cause irreparable harm to Discloser, and Discloser will be entitled, without prejudice or limit to any other 
remedy, to obtain injunctive relief to prevent such unauthorized use or disclosure. 

7.5 Communications with Third Parties.  To the extent the Work requires TRC to communicate with any third party including, but not 
limited to, owners of the Project Site or other locations, former employees, current employees, or government authorities, TRC shall 
so inform Client. For all such communications, Client releases TRC from claims of breach of confidentiality, waiver of privilege, or 
otherwise associated with any such communications. 

ARTICLE 8.  INSURANCE 
8.1 Required Insurance Coverage. TRC will obtain and maintain insurance of the types and amounts set forth herein. The insurance will 

be in effect before Work commences, and will remain in effect until completion of the Work. TRC will require any subcontractors 
to obtain and maintain coverages appropriate to their scope of work. TRC will have the following insurance coverage: 
(a) Worker’s Compensation Insurance and Employer’s Liability Insurance as required by the law of the state in which the 

Project is located, but Employer’s Liability coverage will be in the amount of $1,000,000 each accident; 
(c) Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident; 
(d) Commercial General Liability Insurance in the amount of $1,000,000 each occurrence, $2,000,000 general aggregate, and 

$2,000,000 products-completed operations aggregate; and, 
(e) Professional Liability Insurance in the amount of $1,000,000 each claim and $2,000,000 annual aggregate. 

8.2 Certificates of Insurance.  Prior to commencing Work, TRC will furnish Client with certificate(s) of insurance evidencing compliance 
with the insurance requirements herein. Renewal certificates will be provided to Client upon the expiration of any required insurance 
policies. No policy will be cancelled or not renewed without thirty (30) days’ prior written notice to Client. 

ARTICLE 9.  INDEMNITY 
9.1 Definitions.   

(a)  “TRC Group” means TRC and its subcontractors of all tiers, and each of their parent, subsidiary, and affiliated companies, and 
all their officers, directors, and employees.   

(b)  “Client Group” means Client and its  parent, subsidiary, and affiliated companies, and all their officers, directors, and 
employees. 

(c)   “Losses” means any and all damages, costs, or expenses, including, but not limited to, reasonable attorneys’ fees, expert fees, 
and expenses and costs of litigation. 

(d)   “Claims” means all third party claims, lawsuits, demands, or actions. 
9.2 TRC’S INDEMNITY OBLIGATIONS.   

(a) TRC WILL INDEMNIFY AND HOLD HARMLESS CLIENT GROUP FROM ANY AND ALL LOSSES ARISING OUT OF CLAIMS TO THE 

EXTENT SUCH CLAIMS ARE CAUSED BY TRC’S NEGLIGENT ACTS, ERRORS, OR OMISSIONS IN THE PERFORMANCE OF ITS 

PROFESSIONAL SERVICES UNDER THIS AGREEMENT.  
(b) WITH THE EXCEPTION OF CLAIMS ARISING UNDER SECTION 9.2(a), TRC WILL INDEMNIFY AND HOLD HARMLESS CLIENT 

GROUP FROM LOSSES, AND WILL DEFEND CLIENT GROUP FROM CLAIMS, DUE TO BODILY INJURY, DISEASE, DEATH, OR 

PROPERTY DAMAGE TO THE EXTENT SUCH BODILY INJURY, DISEASE, DEATH, OR PROPERTY DAMAGE IS CAUSED BY THE 

NEGLIGENCE OR INTENTIONAL MISCONDUCT OF TRC IN THE PERFORMANCE OF ITS WORK.   
9.3 CLIENT’S INDEMNITY OBLIGATIONS.  CLIENT WILL INDEMNIFY AND HOLD HARMLESS TRC GROUP FROM LOSSES ARISING OUT OF 

CLAIMS DUE TO BODILY INJURY, DISEASE, DEATH, OR PROPERTY DAMAGE TO THE EXTENT SUCH BODILY INJURY, DISEASE, DEATH, 
OR PROPERTY DAMAGE IS CAUSED BY THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF CLIENT IN THE PERFORMANCE OF THIS 

AGREEMENT. ADDITIONALLY, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN THE EVENT TRC PERFORMS INTRUSIVE 

GROUND EXPLORATIONS OR INVESTIGATIONS, INCLUDING BUT NOT LIMITED TO, EXCAVATION, DRILLING, BORING, OR PROBING 

(“SUBSURFACE INVESTIGATION”) AS PART OF THE WORK, CLIENT WILL INDEMNIFY TRC GROUP FROM AND AGAINST LOSSES 

RESULTING FROM, OR ARISING OUT OF, CLAIMS FOR DAMAGES TO SUBSURFACE OR UNDERGROUND UTILITIES OR STRUCTURES, 
INCLUDING BUT NOT LIMITED TO, GAS, TELEPHONE, ELECTRIC, WATER, OR SEWER UTILITIES, WHOSE LOCATIONS WERE NOT 

DESIGNATED OR IDENTIFIED TO TRC PRIOR TO THE COMMENCEMENT OF ANY SUBSURFACE INVESTIGATION.  
9.4 RISK OF LOSS TO THE WORK.  ADDITIONALLY, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IT IS 

UNDERSTOOD AND AGREED THAT CLIENT BEARS ALL RISK OF LOSS OF OR DAMAGE TO THE WORK AND THE FACILITIES WHICH ARE 

73

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7S

disclosure by an act or omission of Recipient; (i) information which is or becomes available to Recipient on a nonconfidential basis
from a source (other than from Discloser) which is not prohibited from disclosing such information pursuant to a legal, contractual
‘or fiduciary obligation to Discloser; (ii) information which was already known to Recipient; or (iv) information which is
independently developed by Recipient.

Legal Obligation to Disclose. If Recipient is required by applicable law, regulation, or legal process to disclose any of the
‘Confidential Information, Recipient will notify Discloser promptly so Discloser may (i) seek a protective order or other appropriate
remedy, (ii) take action to assure confidential handling of such information, and/or (ii) in its sole discretion, waive compliance with
the terms ofthis Agreement. In the event such protective order or other remedy is not obtained, or Discloser waives compliance with
the terms hereof, Recipient (i) may so disclose only that portion ofthe Confidential Information which itis legally required to disclose
and shall, upon request, reasonably assist Discloser with Discloser’s efforts to obtain reliable assurance that confidential treatment
will be afforded such Confidential Information, and (ii shall not be liable for such disclosure. Notwithstanding the foregoing, Client
acknowledges that one or more of TRC’s afliliates is a registered investment adviser and that TRC may be subject to routine
‘examinations, investigations, regulatory sweeps, or other regulatory inquiries by applicable regulatory and self-regulatory authorities,
Client agrees that TRC may make such disclosures as may be requested by any such authority (or examiner thereof) and will not be
required to comply with the process described in this paragraph; provided that if the request by such authority (or examiner thereo!)
is specifically targeted at Client, TRC will notify Client (tothe extent not prohibited by such authority or examiner or by applicable
tule, regulation, or law) as promptly as practicable following such request.

Remedy. Each Party agrees the actual or threatened disclosure or use of any Confidential Information, other than as permitted under
this Agreement, will cause irreparable harm to Diseloser, and Discloser will be entitled, without prejudice or limit to any other
remedy, to obtain injunctive relief to prevent such unauthorized use or disclosure.

‘Communications with Third Parties. To the extent the Work requires TRC to communicate with any third party including, but not
limited to, owners of the Project Site or other locations, former employees, current employees, or government authorities, TRC shal
so inform Client, For all such communications, Client releases TRC from claims of breach of confidentiality, waiver of privilege, or
‘otherwise associated with any such communications.

ARTICLE 8. INSURANCE

81

82

Required Insurance Coverage. TRC will obtain and maintain insurance of the types and amounts set forth herein. The insurance will

be in effect before Work commences, and will remain in effect until eompletion of the Work. TRC will require any subcontractors

to obtain and maintain coverages appropriate to their scope of work. TRC will have the following insurance coverage:

(a) Worker's Compensation Insurance and Employer's Liability Insurance as required by the law of the state in which the
Project is located, but Employer's Liability coverage will be in the amount of $1,000,000 each accident;

(©) Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident;

@ Commercial General Liability Insurance in the amount of $1,000,000 each occurrence, $2,000,000 general aggregate, and
‘$2,000,000 products-completed operations ageregate; and,

(©) ___ Professional Liability Insurance in the amount of $1,000,000 each claim and $2,000,000 annual aggregate.

Certificates of Insurance. Prior to commencing Work, TRC will furnish Client with certificate(s) of insurance evidencing compliance

the insurance requirements herein. Renewal certificates will be provided to Client upon the expiration of any required insurance
policies. No policy will be cancelled or not renewed without thirty (30) days’ prior written notice to Client.

ARTICLE 9. INDEMNITY

9

93

94

Definitions.

(a) “TRC Group” means TRC and its subcontractors of all tiers, and each of their parent, subsidiary, and affiliated companies, and
all their officers, directors, and employees.

it Group* means Client and its parent, subsidiary, and affiliated companies, and all their officers, directors, and
employees.

(©) “Losses” means any and all damages, costs, or expenses, including, but not limited to, reasonable attorneys” fees, expert fees,
and expenses and costs of litigation.

(@)_°Claims” means all third party claims, lawsuits, demands, or actions,

‘TRC’s IyEMNITY OBLIGATIONS

(@) TRC Witt. INDEMNIFY AND IARMILESS CLIENT GROUP FROM ANY AND ALL LOSSES ARISING OUT OF CLAIMS TO THE
EXTENT SUCH CLAIMS ARE CAUSED BY TRC’S NEGLIGENT ACTS, ERRORS, OR OMISSIONS IN THE PERFORMANCE OF ITS.
PROFESSIONAL SERVICES UNDER THIS AGREEMENT.

(b) WITH THE EXCEPTION OF CLAIMS ARISING UNDER SECTION 9.2(a), TRC WILL INDEMNIFY AND HOLD HARMLESS CLIENT
GROUP FROM LOSSES, AND WILL DEFEND CLIENT GROUP FROM CLAIMS, DUE TO BODILY INJURY, DISEASE, DEATH, OR
PROPERTY DAMAGE TO THE EXTENT SUCH BODILY INJURY, DISEASE, DEATH, OR PROPERTY DAMAGE IS CAUSED BY THE
NEGLIGENCE OR INTENTIONAL MISCONDUCT OF TRC IN THE PERFORMANCE OF ITS WORK.

(CLIENTS INDEMNITY OBLIGATIONS, CLIENT WILL INDEMNIFY AND HOLD HARMLESS TRC GROUP FROM LOSSES ARISING OUT OF

‘CLAIMS DUE TO BODILY INJURY, DISEASE, DEATH, OR PROPERTY DAMAGE TO Y INJURY, DISEASE, DEAT

(OR PROPERTY DAMAGE IS CAUSED BY THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF CLIENT IN THE PERFORMANCE OF THIS.

AGREEMENT, ADDITIONALLY, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, INTHE EVENT TRC PERFORMS INTRUSIVE

GROUND EXPLORATIONS OR INVESTIGATIONS, INCLUDING BUT NOT LIMITED TO, EXCAVATION, DRILLING, BORING, OR PROBING

(*SUBSURFACE INVESTIGATION") AS PART OF THE WORK, CLIENT WILL INDEMNIFY TRC GROUP FROM AND AGAINST LOSSES

RESULTING FROM, OR ARISING OUT OF, CLAIMS FOR DAMAGES TO SUBSURFACE OR UNDERGROUND UTILITIES OR STRUCTURES,

INCLUDING BUT NOT LIMITED TO, GAS, TELEPHONE, ELECTRIC, WATER, OR SEWER UTILITIES, WHOSE LOCATIONS WERE NOT

DESIGNATED OR IDENTIFIED TO TRC PRIOR TO THE COMMENCEMENT OF ANY SUBSURFACE INVESTIGATION.

RISK OF LOSS 10 THE WORK. ADDITIONALLY, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IT 1S

UNDERSTOOD AND AGREED THAT CLIENT BEARS ALL RISK OF LOSS OF OR DAMAGE TO THE WORK AND THE FACILITIES WHICH ARE.

()

> TRC Page 4 of 8 P01 ver, 2022.07.18




               Page 5 of 8                                                                                     P-01 ver. 2022.07.18 
 

THE SUBJECT OF THE WORK INCLUDING ALL MATERIALS AND EQUIPMENT TO BE INCORPORATED THEREIN, AND CLIENT HEREBY 

RELEASES AND SHALL DEFEND, INDEMNIFY, AND HOLD TRC GROUP  HARMLESS FROM ANY SUCH LOSS OR DAMAGE, HOWEVER SUCH 

LOSS OR DAMAGE SHALL OCCUR. 
9.5 CONDITIONS PRECEDENT.  EACH PARTY AGREES THAT AS A CONDITION PRECEDENT TO ITS OBLIGATIONS TO INDEMNIFY AND HOLD 

HARMLESS, THE INDEMNIFIED PARTY MUST GIVE PROMPT WRITTEN NOTICE TO THE INDEMNIFYING PARTY OF ANY CLAIM COVERED 

BY ARTICLES 9 OR 10, OR ANY OTHER INDEMNIFICATION CLAUSE IN THIS AGREEMENT.  AS AN ADDITIONAL CONDITION PRECEDENT, 
FOR ANY CLAIM OTHER THAN A CLAIM ARISING OUT OF TRC’S ALLEGED PROFESSIONAL NEGLIGENCE, THE INDEMNIFIED PARTY 

MUST ALLOW THE INDEMNIFYING PARTY TO REPRESENT THE INTERESTS OF EVERY INDEMNITEE IN DEFENDING AND SETTLING SUCH 

CLAIM. IN THE EVENT ANY INDEMNITEE FAILS OR REFUSES TO TENDER THE DEFENSE OF ANY SUCH CLAIM TO THE INDEMNIFYING 

PARTY, SUCH PARTY’S DEFENSE, HOLD HARMLESS, AND INDEMNITY OBLIGATIONS RELATED TO THAT CLAIM WILL BE NULL AND 

VOID. 
9.6 APPORTIONMENT OF ATTORNEYS’ FEES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, AFTER RESOLUTION OF A 

CLAIM UNDER ARTICLES 9 OR 10, OR ANY OTHER PROVISION HEREIN PROVIDING FOR ONE PARTY TO PROVIDE A DEFENSE, IF THE 

NEGLIGENCE OR OTHER LEGAL FAULT OF ANY INDEMNITEE IS DETERMINED EITHER BY MUTUAL AGREEMENT OF THE PARTIES, OR 

BY FINAL ADJUDICATION, TO HAVE BEEN A CONTRIBUTING CAUSE OF THE LOSSES RELATED TO SUCH CLAIM, THEN THE INDEMNIFIED 

PARTY MUST REIMBURSE THE DEFENDING PARTY FOR THE COSTS, ATTORNEYS’ FEES, OTHER LEGAL EXPENSES, AND EXPERT FEES 

EXPENDED FOR DEFENSE IN THE SAME PROPORTION AS THE INDEMNITEES’ PROPORTION OF NEGLIGENCE OR OTHER LEGAL FAULT. 
ARTICLE 10.  HAZARDOUS SUBSTANCES AND POLLUTION 
10.1 Pre-existing Conditions.  Client and TRC acknowledge that, prior to the start of this Agreement, TRC has not generated, handled, 

stored, treated, transported, disposed of, or in any way taken responsibility for any toxic or hazardous substance, including any 
contaminated soils, wastes, or substances, as defined by law (“Hazardous Substances”) at the Project Site. Any Hazardous 
Substances originating with or generated by Client, or any pre-existing Hazardous Substances which are in, on, under, or migrating 
from the Project Site, or any Hazardous Substances introduced to the Project Site by any party other than TRC Group (collectively, 
“Non-TRC Hazardous Substances”), shall, as between TRC and Client, remain the sole and exclusive property of Client, it being 
the intention of the Parties that Client be solely responsible for such Non-TRC Hazardous Substances and shall be regarded as the 
owner and generator of all such Non-TRC Hazardous Substances for the purposes of this Agreement and all Work performed 
hereunder. 

10.2 Hazardous Substances Encountered During the Work; Disposition of Samples.  Client recognizes that, when it is known, assumed, 
or suspected that Hazardous Substances exist on or beneath the surface of the site of the Work, or within any structure thereon, certain 
sampling materials such as drill cuttings and drill fluids or asbestos removed for sampling, should be handled as if hazardous or 
contaminated. Accordingly, when TRC encounters Hazardous Substances during performance of the Work, such as when sampling 
is included in the scope of Work, and when determined by TRC in its sole and exclusive judgment to be necessary based on TRC’s 
assessment of the degree of contamination, hazard, and risk, TRC will: promptly inform Client that containerization and labeling will 
be performed; appropriately contain and label such materials; and leave the containers on the Project Site for proper, lawful removal, 
transport, and disposal by Client.  All samples of soil, groundwater, waste, rock, or other materials collected from the Project Site 
will remain the property of Client and will be returned to Client by TRC within thirty (30) days after submission of TRC’s report, 
unless applicable law requires the retention or other disposition of such samples. All costs associated with the disposition or returning 
of samples will be charged to Client. TRC will not sign any hazardous waste manifests or bills of lading, and all such manifests and 
generator numbers will be in the name of, and signed by, Client. Nothing contained in this Agreement will be construed or interpreted 
as requiring TRC, its officers, agents, servants, or employees to assume the status of a generator, storer, treater, transporter, or disposer 
of hazardous substances, or an arranger for disposal of hazardous substances, or a disposal facility as those terms appear within the 
Resource Conservation Recovery Act, 42 USCA, Section 6901, et seq. (RCRA), or within any state statute of similar effect governing 
the treatment, storage, transportation or disposal of waste. 

10.3 TRC INDEMNITY FOR HAZARDOUS SUBSTANCES AND POLLUTION.  TO THE FULLEST EXTENT PERMITTED BY LAW, TRC SHALL 

ASSUME ALL RESPONSIBILITY FOR, INCLUDING CONTROL AND REMOVAL OF, AND SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD 

HARMLESS, ALL MEMBERS OF CLIENT GROUP FROM AND AGAINST ANY LOSSES ARISING OUT OF OR RELATING TO ANY HAZARDOUS 

SUBSTANCES BROUGHT TO OR RELEASED AT THE PROJECT SITE BY TRC GROUP.   
10.4 CLIENT INDEMNITY FOR HAZARDOUS SUBSTANCES AND POLLUTION.  TO THE FULLEST EXTENT PERMITTED BY LAW, CLIENT SHALL 

RELEASE, DEFEND, INDEMNIFY, AND HOLD TRC GROUP HARMLESS FROM AND AGAINST ANY  LOSSES ARISING OUT OF OR RELATING 

TO THE PRESENCE AT THE PROJECT SITE OF NON-TRC HAZARDOUS SUBSTANCES. CLIENT SHALL ASSUME ALL RESPONSIBILITY 

FOR, INCLUDING CONTROL AND REMOVAL OF, AND SHALL RELEASE, DEFEND, PROTECT, INDEMNIFY AND HOLD HARMLESS ALL 

MEMBERS OF TRC GROUP FROM AND AGAINST ANY LOSSES ARISING OUT OF OR RELATING TO, ANY NON-TRC HAZARDOUS 

SUBSTANCES DISCOVERED AT, BROUGHT TO, OR RELEASED AT THE PROJECT SITE, OR LEFT ON THE PROJECT SITE AFTER 

CONTAINERIZATION BY TRC. 
ARTICLE 11.  ALLOCATION OF RISK 
11.1 Client’s Separate Contractors.  The Parties expressly acknowledge and agree that unless otherwise expressly provided for in the 

Proposal, during the performance of the Work TRC shall not (a) supervise, direct or control Client’s other contractors or 
subcontractors at any tier; (b) have authority over or responsibility for the means, methods, techniques or sequences of work 
performed by such other contractors or subcontractors; (c) be responsible for job site safety or enforcement of federal, state, local or 
other safety requirements in connection with the work performed by such other contractors or subcontractors; (d) be responsible for 
inspecting equipment or tools used by such other contractors or subcontractors; (e) be liable for any failure of such other contractors 
or subcontractors to comply with applicable laws, rules, regulations, ordinances, codes, permit stipulations, or orders; or (f) be liable 
for the acts or omissions of such other contractors or subcontractors including their failure to perform in accordance with their 
contractual responsibilities. 

‘THE SUBJECT OF THE WORK INCLUDING ALL MATERIALS AND EQUIPMENT TO BE INCORPORATED THEREIN, AND CLIENT HEREBY
RELEASES AND SHALL DEFEND, INDEMNIFY, AND HOLD TRC GROUP HARMLESS FROM ANY SUCH LOSS OR DAMAGE, HOWEVER SUCH
[LOSS OR DAMAGE SHALL OCCUR,

EACH PARTY AGREES THAT AS A CONDITION PRECEDENT TO ITS OBLIGATIONS TO INDEMNIFY AND HOLD.
HARMLESS, THE INDEMNIFIE IVE PROMPT WRITTEN NOTICE TO THE INDEMNIFVING PARTY OF ANY CLAIM COVERED
BY ARTICLES 9 OR 10, OR ANY OTHER INDEMNIFICATION CLAUSE IN THIS AGREEMENT. AS AN ADDITIONAL CONDITION PRECEDENT,
FOR ANY CLAIM OTHER THAN A CLAIM ARISING OUT OF TRC’S ALLEGED PROFESSIONAL NEGLIGENCE, THE INDEMNIFIED PARTY
MUST ALLOW THE INDEMNIFYING PARTY TO REPRESENT THE INTERESTS OF EVERY INDEMNITEE IN DEFENDING AND SETTLING SUC
(CLAIM, IN THE EVENT ANY INDEMNITEE FAILS OR REFUSES TO TENDER THE DEFENSE OF ANY SUCH CLAIM TO THE INDEMNIFYING
PARTY, SUCH PARTY'S DEFENSE, HOLD HARMLESS, AND INDEMNITY OBLIGATIONS RELATED TO THAT CLAIM WILL BE NULL AND
vow.

9.6 APPORTIONMENT OF ATTORNEYS’ FEES, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, AFTER RESOLUTION OF A

[AIM UNDER ARTICLES 9 OR 10, OR ANY OTHER PROVISION HEREIN PROVIDING FOR ONE PARTY TO PROVIDE DEFENSE, 1F THE

NEGLIGENCE OR OTHER LEGAL FAULT OF ANY INDEMNITEE 1S DETERMINED EITHER BY MUTUAL AGREEMENT OF THE PARTIES, OR
BY FINAL ADJUDICATION, TO HAVE BEEN A CONTRIBUTING CAUSE OF THE LOSSES RELATED TO SUCH CLAIM, THEN THE INDEMNIFIED.
PARTY MUST REIMBURSE THE DEFENDING PARTY FOR THE COSTS, ATTORNEYS" FEES, OTHER LEGAL EXPENSES, AND EXPERT FEES.
EXPENDED FOR DEFENSE IN THE SAME PROPORTION AS THE INDEMNITEES" PROPORTION OF NEGLIGENCE OR OTHER LEGAL FAULT.

ARTICLE 10, HAZARDOUS SUBSTANCES AND POLLUTION,

10.1 Pre-existing Conditions. Client and TRC acknowledge that, prior to the start ofthis Agreement, TRC has not generated, handle
stored, treated, transported, disposed of, or in any way taken responsibility for any toxic or hazardous substance, including any
contaminated soils, wastes, or substances, as defined by law (“Hazardous Substances”) at the Project Site. Any Hazardous
Substances originating with or generated by Client, or any pre-existing Hazardous Substances which are in, on, under, or migrating,
from the Project Site, or any Hazardous Substances introduced to the Project Site by any party other than TRC Group (collectively.
“Non-TRC Hazardous Substances”), shall, as between TRC and Client, remain the sole and exclusive property of Client, it being
the intention of the Parties that Client be solely responsible for such Non-TRC Hazardous Substances and shall be regarded as the
‘owner and generator of all such Non-TRC Hazardous Substances for the purposes of this Agreement and all Work performed
hereunder,

10.2 Hazardous Substances Encountered During the Work: Disposition of Samples. Client recognizes that, when it is known, assumed,
‘or suspected that Hazardous Substances exist on or beneath the surface ofthe site of the Work, or within any structure thereon, certain
sampling materials such as drill cuttings and drill fluids or asbestos removed for sampling, should be handled as if hazardous or
contaminated. Accordingly, when TRC encounters Hazardous Substances during performance of the Work, such as when sampling
is included in the scope of Work, and when determined by TRC in its sole and exclusive judgment to be necessary based on TRC’
assessment of the degree of contamination, hazard, and risk, TRC will: promptly inform Client that containerization and labeling will
be performed; appropriately contain and label such materials; and leave the containers on the Project Site for proper, lawful removal,
transport, and disposal by Client, All samples of soil, groundwater, waste, rock, or other materials collected from the Project Site
‘will remain the property of Client and will be returned to Client by TRC within thirty (30) days after submission of TRC’s report,
unless applicable law requires the retention or other disposition of such samples. All costs associated with the disposition or returning
‘of samples will be charged to Client, TRC will not sign any hazardous waste manifests or bills of lading, and all such manifests and
‘generator numbers will be in the name of, and signed by, Client. Nothing contained in this Agreement will be construed or interpreted
as requiring TRC its officers, agents, servants, or employees to assume the status ofa generator, storer, treater, transporter, or disposer
‘of hazardous substances, or an arranger for disposal of hazardous substances, oF disposal facility as those terms appear within the
Resource Conservation Recovery Act, 42 USCA, Section 6901, et seq. (RCRA), or within any state statute of similar effect governing
the treatment, storage, transportation of disposal of waste

10.3 TRC INDEMNITY FoR HAZARDOUS SUBSTANCES AND POLLUTION, TO THE FULLEST EXTENT PERMITTED BY LAW, TRC SHALL,
‘ASSUME ALL RESPONSIBILITY FOR, INCLUDING CONTROL AND REMOVAL OF, AND SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD
HARMLESS, ALL MEMBERS OF CLIENT GROUP FROM AND AGAINST ANY LOSSES ARISING OUT OF OR RELATING TO ANY HAZARDOUS.
‘SUBSTANCES BROUGHT TO OR RELEASED AT THE PROJECT SITE BY TRC GROUP.

10.4 CLIENT INDEMNITY FOR HAZARDOUS SUBSTANCES AND POLLUTION. TO THE FULLEST EXTENT PERMITTED BY LAW, CLIENT SHALL
RELEASE, DEFEND, INDEMNIFY, AND HOLD TRC GROUP HARMLESS FROM AND AGAINST ANY LOSSES ARISING OUT OF OR RELATING
‘TO THE PRESENCE AT THE PROJECT SITE OF NON-TRC HAZARDOUS SUBSTANCES. CLIENT SHALL ASSUME ALL RESPONSIBILITY

FOR, INCLUDING CONTROL AND REMOVAL OF, AND SHALL RELEASE, DEFEND, PROTECT, INDEMNIFY AND HOLD HARMLESS ALL.

MEMBERS OF TRC GROUP FROM AND AGAINST ANY LOSSES ARISING OUT OF OR RELATING TO, ANY NON-TRC HAZARDOUS.

SUBSTANCES DISCOVERED AT, BROUGHT TO, OR RELEASED AT THE PROJECT SITE, OR LEFT ON THE PROJECT SITE AFTER

‘CONTAINERIZATION BY TRC.

ARTICLE 11, ALLOCATION OF RISK

Ill Client’s Separate Contractors. ‘The Parties expressly acknowledge and agree that unless otherwise expressly provided for in the
Proposal, during the performance of the Work TRC shall not (a) supervise, direct or control Client's other contractors or
subcontractors at any tier; (b) have authority over or responsibility for the means, methods, techniques or sequences of work
performed by such other contractors or subcontractors; (c) be responsible for job site safety or enforeement of federal, sate, local or
‘other safety requirements in connection with the work performed by such other contractors or subcontractors; (d) be responsible for
inspecting equipment or tools used by such other contractors or subcontractors; (e) be liable for any failure of such other contractors
‘or subcontractors to comply with applicable laws, rules, regulations, ordinances, codes, permit stipulations, or orders; or (f) be liable
for the acts or omissions of such other contractors or subcontractors including their failure to perform in accordance with their
contractual responsibilities.

9s

> TRC Page 5 of § P-OL ver. 2022.07.18




               Page 6 of 8                                                                                     P-01 ver. 2022.07.18 
 

11.2 Mutual Waiver of Consequential Damages.  Notwithstanding anything to the contrary in this Agreement, TRC and Client waive any 
and all claims against each other, and under no circumstances shall either Party be liable to the other, for incidental, consequential, 
special, multiple, and punitive damages arising out of or relating to this Agreement, regardless of whether such damages were 
foreseeable and whether or not the culpable Party was advised of the possibility of such damages, and regardless of whether a Party’s 
claim against the other Party is based in contract (including contract termination), indemnity, warranty, tort (including negligence), 
strict liability or otherwise. This mutual waiver includes, but is not limited to, rental expenses, loss of use, loss of production, loss of 
income, loss of profit (except profit arising directly from the Work), loss of financing, loss of business, and loss of reputation.   

11.3 Limitation of Liability.  To the fullest extent permitted by law, the total liability in the aggregate of TRC and its employees, 
subcontractors, or suppliers to Client and anyone claiming by, through or under Client, on all claims of any kind arising out of or in 
any way related to TRC’s Work, from any cause or causes whatsoever, including, but not limited to, negligence, errors, omissions, 
strict liability, indemnity, or breach of contract, will not exceed the compensation received by TRC under this Agreement. All such 
liability will terminate upon the expiration of the Correction Period specified in Section 6.3. THIS SECTION SETS FORTH TRC’S 
SOLE LIABILITY AND ENTIRE OBLIGATION AND CLIENT’S EXCLUSIVE REMEDY FOR ANY ACTION BROUGHT 
AGAINST TRC IN RELATION TO THIS AGREEMENT. 

ARTICLE 12.  DELIVERABLES 
12.1 Ownership of Deliverables.  All Deliverables are instruments of service in respect of the Project, and, if delivered to Client during 

the term of this Agreement, will become the property of Client upon payment therefor. Notwithstanding the foregoing, Client’s 
ownership of the Deliverables will not include any ownership interest in TRC’s preexisting information including, but not limited to, 
computer programs, software, patents, patents pending, standard details, templates, figures or specifications, or TRC’s seal, stamp, 
or certification.  Furthermore, Client understands and agrees that TRC is a developer of computer software and that TRC may use its 
own proprietary software, as well as others properly licensed to TRC, in the performance of the Work, and may develop other 
proprietary software during the course of performing the Work, which may include preliminary database formats and spreadsheets 
as well as programming procedures and code. Client understands and agrees that all such programs, efforts, and materials are and 
will be the exclusive property of TRC (and/or third parties). Additionally, except for the Deliverables, all field data and notes, 
laboratory test data, calculations, estimates, and other documents prepared by TRC will remain the property of TRC.   

12.2 Use of Deliverables.  Any Deliverable will be prepared solely for use of Client for this Project. The Deliverables are not intended or 
represented to be suitable to be reused by Client, or used or relied upon by others outside of Client or on extensions of the Project or 
on any other project. In the event Client, its employees, permitted assigns, successors, consultants, or contractors subsequently 
reproduces or otherwise uses the Deliverables or creates a derivative work based upon the Deliverables, unless prohibited by law, 
Client must remove or completely obliterate the original professional seals, trademarks, logos, and other indications on said 
Deliverables of the identity of TRC, its employees, and sub-consultants. TRC will be entitled to equitable compensation in connection 
with documenting any consent for Client or third parties to rely on the Deliverables for any purpose other than the purpose for which 
TRC prepared them. 

12.3 Unauthorized Use of Deliverables.  Client is prohibited from providing examples of TRC’s Work to any individual or entity known 
by, or that reasonably should be known by, Client to be a competitor of TRC for the purpose of reducing or eliminating the Work 
associated with this Agreement. Furthermore, Client is prohibited from providing any statistical sampling information on assessment 
issues, including but not limited to statistical sampling information on production rates, remedy rates, numbers of pole change outs, 
types of violations, etc., that is provided to Client by TRC, all of which must be treated by Client as Confidential Information. In the 
event any Deliverables are utilized or disclosed by Client in any manner outside the scope of, or prohibited by, this Agreement, TRC 
reserves the right to notify directly any third party of the limitations of its unauthorized use of the Deliverables. Client expressly 
acknowledges that this reservation by TRC is necessary to protect and preserve TRC’s professional reputation with respect to its 
work product.  

ARTICLE 13.  SAFETY 
13.1 Client’s Safety Requirements.  Client must inform TRC of any written safety procedures and regulations applicable to the Project 

Site known to Client, as well as any special safety concerns or dangerous conditions at the Project Site. TRC and its employees will 
adhere to the written safety procedures and regulations provided by Client. 

13.2 Project Site Safety.  TRC commits to providing a safe and healthy work environment for its personnel and will require the same of 
its subcontractors. TRC shall be responsible for the health and safety of its employees and be responsible for its activities, and shall 
at all times conduct its operations under this Agreement in a manner to avoid risk of endangerment to the health and safety of persons 
and property. Unless expressly included in the scope of Work, TRC will not have any responsibility for overall job safety for the 
Project or at the Project Site. If TRC determines that its field personnel are unable to access required locations or perform required 
Work in conformance with applicable safety standards, TRC may suspend performance until its personnel can safely perform their 
work. TRC will promptly provide Client with written notice of the location and nature of the unsafe conditions. If Client fails to 
provide safe access within a reasonable time, TRC may terminate or suspend its performance in accordance with Article 14. 

13.3 Reporting of Incidents.  In the event TRC is involved in any loss, injury, or damage on Client’s premises, or if such injury, loss or 
damage involves property, equipment, or personnel of Client, or if such accident involves any third party in any manner whatsoever 
while TRC is performing any duties within the scope of this Agreement, TRC will promptly report such injury, loss, or damage to 
the attention of Client’s designated representative. If the matter involves loss of life, serious injury, or substantial property loss or 
damage, this report will be made by telephone call, followed immediately by a report in writing sent via email. If the matter is of a 
less serious nature, notification may be made by email or by letter posted in regular United States mail.  All injuries, loss or damage 
must be reported. The reporting of any such matter will not imply any admission of liability on the part of TRC. 

ARTICLE 14.  TERMINATION AND SUSPENSION 
14.1 Termination for Default.  In the event of a material breach of this Agreement by either Party, the nonbreaching Party may give written 

notice to the breaching Party of the nature of the default and demand for cure. If the breaching Party fails to cure or materially 

12

Mutual Waiver of Consequential Damages. Notwithstanding anything to the contrary in this Agreement, TRC and Client waive any
‘and all claims against each other, and under no circumstances shall either Party be liable to the other, for incidental, consequential,
special, multiple, and punitive damages arising out of of relating to this Agreement, regardless of whether such damages wer
foreseeable and whether or not the culpable Party was advised of the possibility of such damages, and regardless of whether a Party's
claim against the other Party is based in contract (including contract termination), indemnity, warranty, tort (including negligence),
strict liability or otherwise. This mutual waiver includes, but isnot limited to, rental expenses, loss of use, loss of production, loss of
income, loss of profit (except profit arising directly from the Work), loss of financing, loss of business, and loss of reputation.
Limitation of Liability. To the fullest extent permitted by law, the total liability in the aggregate of TRC and its employees,
‘subcontractors, or suppliers to Client and anyone claiming by, through or under Client, on all claims of any kind arising out of or in
any way related to TRC’s Work, from any cause or causes whatsoever, including, but not limited to, negligence, errors, omissions,
strict liability, indemnity, or breach of contract, will not exceed the compensation received by TRC under this Agreement. All such
liability will terminate upon the expiration of the Correction Period specified in Section 6.3. THIS SECTION SETS FORTH TRC’S
SOLE LIABILITY AND ENTIRE OBLIGATION AND CLIENTS EXCLUSIVE REMEDY FOR ANY ACTION BROUGHT
AGAINST TRC IN RELATION TO THIS AGREEMENT.

ARTICLE 12, DELIVERABLES.

121

‘Ownership of Deliverables. All Deliverables are instruments of service in respect of the Project, and, if delivered to Client during
the term of this Agreement, will become the property of Client upon payment therefor, Notwithstanding the foregoing, Client's
‘ownership of the Deliverables will not include any ownership interest in TRC’s preexisting information including, but not limited to,
‘computer programs, software, patents, patents pending, standard details, templates, figures or specifications, or TRC’s seal, stamp,
or certification. Furthermore, Client understands and agrees that TRC is a developer of computer software and that TRC may use its
‘own proprietary software, as well as others properly licensed to TRC, in the performance of the Work, and may develop other
proprietary software during the course of performing the Work, which may include preliminary database formats and spreadsheets
as well as programming procedures and code. Client understands and agrees that all such programs, efforts, and materials are and
Will be the exclusive property of TRC (and/or third parties). Additionally, except for the Deliverables, all field data and notes,
laboratory test data, calculations, estimates, and other documents prepared by TRC will remain the property of TRC.

Use of Deliverables. Any Deliverable will be prepated solely for use of Client for this Project. The Deliverables are not intended or
teptesented to be suitable to be reused by Client, or used of relied upon by others outside of Client or on extensions of the Project or
‘on any other project. In the event Client, its employees, permitted assigns, successors, consultants, or contractors subsequently
reproduces or otherwise uses the Deliverables or creates a derivative work based upon the Deliverables, unless prohibited by law,
Client must remove or completely obliterate the original professional seals, trademarks, logos, and other indications on said
Deliverables of the identity of TRC, its employees, and sub-consultants. TRC will be entitled to equitable compensation in connection
‘with documenting any consent for Client or third parties to rely on the Deliverables for any purpose other than the purpose for which
‘TRC prepared them.

Unauthorized Use of Deliverables. Client is prohibited from providing examples of TRC’s Work to any individual or entity known
by, or that reasonably should be known by, Client to be a competitor of TRC for the purpose of reducing or eliminating the Work
associated with this Agreement. Furthermore, Client is prohibited from providing any statistical sampling information on assessment
issues, including but not limited to statistical sampling information on production rates, remedy rates, numbers of pole change outs,
types of violations, etc, that is provided to Client by TRC, all of which must be treated by Client as Confidential Information, In the
event any Deliverables are utilized or disclosed by Client in any manner outside the scope of, or prohibited by, this Agreement, TRC
reserves the right to notify directly any third party of the limitations of its unauthorized use of the Deliverables. Client expressly
acknowledges that this reservation by TRC is necessary to protect and preserve TRC’s professional reputation with respect to its
‘work product.

ARTICLE 13. SAFETY

132

133

Client's Safety Requirements. Client must inform TRC of any written safety procedures and regulations applicable to the Project
Site known to Client, as well as any special safety concerns or dangerous conditions at the Project Site, TRC and its employees will
adhere to the written safety procedures and regulations provided by Client,

Project Site Safety. TRC commits to providing a safe and healthy work environment for its personnel and will require the same of
its subcontractors. TRC shall be responsible for the health and safety of its employees and be responsible for its activities, and shall
atl times conduct its operations under this Agreement in a manner to avoid risk of endangerment to the health and safety of persons
and property. Unless expressly included in the scope of Work, TRC will not have any responsibility for overall job safety for the
Project ot atthe Project Site. If TRC determines that its field personnel are unable to access required locations or perform requited
Work in conformance with applicable safety standards, TRC may suspend performance until its personnel can safely perform their
work, TRC will promptly provide Client with written notice of the location and nature of the unsafe conditions. If Client fails to
provide safe access within a reasonable time, TRC may terminate or suspend its performance in accordance with Article 14
Reporting of Incidents. In the event TRC is involved in any loss, injury, or damage on Client's premises, or if such injury, loss or
‘damage involves property, equipment, or personnel of Client, or if such accident involves any third party in any manner whatsoever
while TRC is performing any duties within the scope of this Agreement, TRC will promptly report such injury, loss, or damage to
the attention of Client's designated representative. If the matter involves loss of life, serious injury, or substantial property loss or
‘damage, this report will be made by telephone cal, followed immediately by a report in writing sent via email, I'the mater is of a
less serious nature, notification may be made by email or by letter posted in regular United States mail All injuries, loss or damage
‘must be reported. The reporting of any such matter will not imply any admission of liability on the part of TRC.

ARTICLE 14, TERMINATION AND SUSPENSION

1

‘Termination for Default. In the event of a material breach of this Agreement by either Party, the nonbreaching Party may give written
notice to the breaching Party of the nature of the default and demand for cure. If the breaching Party fails to cure or materially

> TRC Page 6 of 8 P01 ver, 2022.07.18




               Page 7 of 8                                                                                     P-01 ver. 2022.07.18 
 

commence to cure within ten (10) calendar days from receipt of the default notice, the non-breaching Party may provide a written 
notice of termination of the Agreement to the breaching Party.  

14.2 Termination or Suspension for Convenience.  Either Party may terminate or suspend this Agreement, in whole or in part, by providing 
written notice to the other Party at least thirty (30) days prior to the effective date of termination.   

14.3 Termination for Insolvency.  Either Party has the right to immediately terminate the Agreement, by providing written notice to the 
other Party, in the event that (a) the other Party becomes insolvent, enters into receivership, is the subject of a voluntary or involuntary 
bankruptcy proceeding, or makes an assignment for the benefit of creditors; or (b) a substantial part of the other Party’s property 
becomes subject to any levy, seizure, assignment or sale for or by any creditor or government agency. 

14.4 Payments Due Post-Termination.  TRC will be entitled to receive payment for all Work performed prior to the effective date of the 
suspension or termination, plus all reasonable costs associated with the suspension or termination, including, but not limited to, 
demobilization costs, re-stocking fees, cancellation fees, and costs incurred with respect to non-cancellable commitments. If the 
suspension or termination is the result of TRC’s breach, prior to paying TRC Client will be entitled to offset its reasonable, direct, 
documented losses to the extent caused by TRC’s breach. If the suspension or termination is the result of Client’s breach, in addition 
to all other compensation to which TRC is entitled, TRC will be entitled to receive payment for its reasonable, direct, documented 
losses to the extent caused by Client’s breach. 

ARTICLE 15.  DISPUTE RESOLUTION 
15.1 Negotiation by Executives.  The Parties will attempt in good faith to resolve any dispute, controversy, or claim arising out of or 

relating to the Project or the Agreement or the breach thereof (“Dispute”) promptly by negotiation. When either Party determines it 
has exhausted its efforts to resolve a Dispute at the Project level, that Party may provide written notice to the other Party of the 
Dispute. Within fifteen (15) days after the date of such notice, executives of both Parties who have authority to agree to a settlement 
of the Dispute and who are at a higher level of management than the persons with direct responsibility for administration of this 
Agreement will meet at a mutually acceptable time and place (or, otherwise, at the Project Site), and thereafter as often as they 
reasonably deem necessary, to attempt to resolve the Dispute. All negotiations pursuant to this subsection are confidential and will 
be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. If the Parties do not resolve the 
Dispute within sixty (60) days of a Party notifying the other of the Dispute, unless extended by mutual agreement, either Party may 
commence litigation. 

15.2 Governing Law, Jurisdiction, Venue.  Unless otherwise required by law, this Agreement, and any act or transactions to which it will 
apply, or which are contemplated hereby or hereunder, will be governed by, and construed and interpreted in accordance with, the 
laws of the State of Connecticut without regard to choice of law or conflicts of law principles. This choice of law expressly includes 
the applicable statutes of limitation. Venue for all actions under the Agreement will be in Hartford, Connecticut. 

15.3 Prevailing Party.  In the event of any binding dispute resolution proceeding, declaratory or otherwise, brought by a Party arising out 
of or relating to this Agreement, including but not limited to any breach or default of the Agreement, the prevailing Party will be 
entitled to recover from the other Party any and all expenses of litigation, court costs, expert and consultant fees, employee time and 
expenses, and reasonable attorneys’ and other legal fees associated with such proceedings (collectively, “Litigation Expenses”), 
accruing as of commencement of the proceeding and including execution and collection of any award or judgment. Notwithstanding 
the foregoing, if a written offer of compromise is made by either Party that is not accepted by the other Party within thirty (30) days 
after receipt and the Party not accepting such offer fails to obtain a more favorable judgment or award, the non-accepting Party will 
not be entitled to recover its Litigation Expenses (even if it is the prevailing Party) and will be obligated to pay the Litigation Expenses 
of the offering Party. 

ARTICLE 16.  MISCELLANEOUS 
16.1 Independent Contractor and Waiver of Benefits.  TRC is an independent contractor and will not be regarded as an employee or agent 

of Client. TRC agrees that it will not receive, and is not eligible to participate in, any employee benefit plan, insurance program, 
disability plan, medical benefits plan, or any other fringe benefit program sponsored and maintained by Client for its regular active 
employees, and TRC hereby waives any rights or claims related thereto. 

16.2 Compliance with Laws.  TRC will observe all applicable provisions of the federal, state, and local laws and regulations, including 
those relating to equal opportunity employment. 

16.3 Severability.  If any term, covenant, condition, or provision of this Agreement is found by a court of competent jurisdiction to be 
invalid, void, or unenforceable, the remainder of this Agreement will remain in full force and effect, and will in no way be affected, 
impaired, or invalidated thereby. 

16.4 Waiver.  No waiver of any provision of this Agreement, or consent to any departure therefrom, shall be effective unless in writing 
and signed by the waiving Party, and then such waiver or consent shall be effective only in the specific instance and for the specific 
purpose for which given. No failure or delay on the part of any Party in exercising any right, power or remedy hereunder shall operate 
as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise 
thereof or the exercise of any other right, power or remedy hereunder. 

16.5 Assignment.  Neither Party will assign or transfer this Agreement without the prior written consent of the other Party. Moreover, as 
a condition of any such written consent, such assignment will be subject to the terms and conditions herein and no greater rights or 
remedies will be available to the assignee. In the event of an assignment by Client, Client will provide TRC with the information 
necessary for notices and invoicing (as applicable) prior to the effective date of the assignment. Client hereby agrees that TRC may 
subcontract and/or assign some or all of the Work to one or more of its corporate affiliates to the extent necessary to provide sufficient 
staffing and/or to comply with applicable insurance or professional licensing requirements. 

16.6 Captions.  The captions of the articles and sections in this Agreement are intended solely for the convenience of reference and will 
not define, limit, or affect in any way the provisions, terms, and conditions hereof or their interpretation. 

16.7 Integration.  This Agreement represents the entire understanding and agreement between the Parties and supersedes any and all prior 
or contemporaneous agreements, whether written or oral, and may be amended or modified only by a written amendment signed by 
both Parties. 

43

144

ARTICLE 15. DISPUTE RI

15.1

153

‘commence to cure within ten (10) calendar days from receipt of the default notice, the non-breaching Party may provide a written
notice of termination of the Agreement to the breaching Party.
‘Termination or Suspension for Convenience. Either Party may terminate or suspend this Agreement, in whole or in par, by providing
‘written notice to the other Party a least thirty (30) days prior to the effective date of termination.
‘Termination for Insolvency. Either Party has the right to immediately terminate the Agreement, by providing writen notice to the
‘ther Party, in the event that (a) the other Party becomes insolvent, enters into receivership, is the subject ofa voluntary or involuntary
bankruptcy proceeding, or makes an assignment for the benefit of creditors; or (b) a substantial part of the other Party's property
‘becomes subject to any levy, seizure, assignment or sale for or by any ereditor or government agency.
Payments Due Post-Termination, TRC will be entitled to receive payment for all Work performed prior to the effective date of the
suspension oF termination, plus all reasonable costs associated with the suspension or termination, including, but not limited to,
demobilization costs, re-stocking fees, cancellation fees, and costs incurred with respect {© non-cancellable commitments. If the
suspension or termination is the result of TRC’s breach, prior to paying TRC Client will be entitled to offset its reasonable, direct,
‘documented losses tothe extent caused by TRC’s breach. If the suspension or termination is the result of Client's breach, in addition
to all other compensation to which TRC is entitled, TRC will be entitled to receive payment for its reasonable, direct, documented
losses to the extent caused by Client's breach,

SOLUTION
‘Negotiation by Executives, The Parties will attempt in good faith to resolve any dispute, controversy, or claim arising out of or
relating to the Project or the Agreement or the breach thereof (“Dispute”) promptly by negotiation. When either Party determines it
hhas exhausted its efforts to resolve a Dispute at the Project level, that Party may provide written notice to the other Party of the
Dispute. Within fifteen (15) days after the date of such notice, executives of both Parties who have authority to agree to a settlement
‘of the Dispute and who are at a higher level of management than the persons with direct responsibility for administration of this
Agreement will mect at @ mutually acceptable time and place (or, otherwise, at the Project Site), and thereafter as often as they
reasonably deem necessary, to attempt to resolve the Dispute. All negotiations pursuant to this subsection are confidential and will
be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. If the Parties do not resolve the
Dispute within sixty (60) days of a Party notifying the other of the Dispute, unless extended by mutual agreement, cither Party may
‘commence litigation.
Governing Law, Jurisdiction, Venue, Unless otherwise required by law, this Agreement, and any act or transactions to which it will
apply, or which are contemplated hereby or hereunder, will be governed by, and construed and interpreted in accordance with, the
laws of the State of Connecticut without regard to choice of law or conflicts of law principles. This choice of law expressly includes
the applicable statutes of limitation, Venue forall actions under the Agreement will be in Hartford, Connecticut
Prevailing Party. In the event of any binding dispute resolution proceeding, declaratory or otherwise, brought by a Party arising out
Of or relating to this Agreement, including but not limited to any breach or default of the Agreement, the prevailing Party will be
‘entitled to recover from the other Party any and all expenses of litigation, court costs, expert and consultant fees, employee time and
‘expenses, and reasonable attorneys’ and other legal fees associated with such proceedings (collectively, “Litigation Expenses"),
accruing as of commencement of the proceeding and including execution and collection of any award or judgment, Notwithstanding
the foregoing, ifa written offer of compromise is made by either Party that is not accepted by the other Party within thirty (30) days
after receipt and the Party not accepting such offer fails to obtain a more favorable judgment or award, the non-accepting Party will
not be entitled to recover its Litigation Expenses (even ifit is the prevailing Party) and will be obligated to pay the Litigation Expenses
of the offering Party

ARTICLE 16. MISCELLANEOUS

16.

162

163

164

165

166

167

Independent Contractor and Waiver of Benefits. TRC is an independent contractor and will not be regarded as an employee or agent
Of Client. TRC agrees that it will not receive, and is not eligible to participate in, any employee benefit plan, insurance program,
disability plan, medical benefits plan, or any other fringe benefit program sponsored and maintained by Client for its regular active
‘employees, and TRC hereby waives any rights or claims related thereto.

Compliance with Laws. ‘TRC will observe all applicable provisions of the federal, state, and local laws and regulations, including
those relating to equal opportunity employment.

Severability. I any term, covenant, condition, or provision of this Agreement is found by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remainder of this Agreement will remain in full force and effect, and will in no way be affected,
impaired, or invalidated thereby.
Waiver. No waiver of any provision of this Agreement, or consent to any departure therefrom, shall be effective unless in writing
‘and signed by the waiving Party, and then such waiver or consent shall be effective only in the specific instance and for the specific
purpose for which given, No failure or delay on the part of any Party in exercising any right, power or remedy hereunder shall operate
asa waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise
thereof or the exercise of any other right, power or remedy hereunder.

Assignment. Neither Party will assign or transfer this Agreement without the prior written consent ofthe other Party. Moreover, as
‘a condition of any such written consent, such assignment will be subject to the terms and conditions herein and no greater rights or
remedies will be available to the assignee. In the event of an assignment by Client, Client will provide TRC with the information
necessary for notices and invoicing (as applicable) prior to the effective date of the assignment. Client hereby agrees that TRC may
subgontract and/or assign some or all of the Work to one or more of ts corporate affiliates fo the extent necessary to provide sufficient
staffing and/or to comply with applicable insurance or professional licensing requirements.

Captions. The captions of the articles and sections in this Agreement ate intended solely for the convenience of reference and will
not define, limit, or affect in any way the provisions, terms, and conditions hereof or their interpretation.

Integration. This Agreement represents the entire understanding and agreement between the Parties and supersedes any and all prior
‘or contemporaneous agreements, whether written or oral, and may be amended or modified only by a written amendment signed by
both Parties.

> TRC Page 7 of 8 P01 ver, 2022.07.18




               Page 8 of 8                                                                                     P-01 ver. 2022.07.18 
 

16.8 Amendments.  This Agreement may be modified only by a Change Order or an amendment executed in writing by a duly authorized 
representative for each Party. 

16.9 No Third Party Beneficiaries.  Except as otherwise specifically provided for herein, this Agreement shall not be construed to confer 
any benefit on any third party not a Party to this Agreement, nor shall it provide any rights to such third party to enforce its provisions. 
Notwithstanding the foregoing, all liability-limiting provisions of this Agreement shall extend and inure to the benefit of all members 
of TRC. 

16.10 Signatures.  The Proposal, any amendment to these Terms and Conditions, and any Change Order may be executed in counterparts, 
each of which will be deemed an original, and all of which together will be deemed to be one and the same instrument. A copy of the 
Proposal and any subsequent modifications signed electronically and/or delivered by e-mail or other means of electronic transmission 
will be deemed to have the same legal effect as delivery of a manually signed original. Each person executing the Proposal warrants 
that he/she is authorized to do so on behalf of the Party for whom he/she signs the Proposal. 

16.11 Notices.  Any notice permitted to be given by email shall be sent to the below representative.  Any other notice required to be given 
pursuant to this Agreement must be in writing and sent by overnight delivery via USPS or a nationally recognized courier and 
delivered to the address set forth in the first paragraph above to the attention of the representative below: 

If to TRC, send to the attention of:  the person signing the Proposal 
If to Client, send to the attention of: the recipient of the Proposal   

 Any notice so given will be deemed effective upon receipt. Either Party may change its representative or address effective ten (10) 
days after written notice thereof to the other Party. 

16.12 Remittance Information. TRC remittance information for making payments is as follows: 
 

U.S. Postal Service: 
TRC Lockbox 
PO Box 536282 
Pittsburgh PA  15253-5904 
 

Overnight Packages: 
TRC Lockbox 
Attn: 536282 
307 23rd Street Extension, Suite 950 
Pittsburgh, PA 15215 
877-550-5933 
 

Wire Instructions (PREFERRED METHOD OF PAYMENT) 
Beneficiary Account Name:  TRC Companies, Inc. – Concentration     
Beneficiary Account Number:  2232037090 
Bank Codes:   

ABA Number:  011500120 (Wires only) 
Routing Number:  211170114 (ACH only) 

Swift Code:  CTZIUS33 
Bank Name:  Citizens Bank 

   
Remittance Detail Email:  [email protected] 
TRC Contact:  Dawn Dostie 
Contact Phone Number:  207-660-7222 

  
 

168

169

16.10

16.11

16.12

Amendments, This Agreement may be modified only by a Change Order or an amendment executed in writing by a duly authorized
representative for each Party.
‘No Third Party Benefi Except as otherwise specifically provided for herein, this Agreement shall not be construed to confer
any benefit on any third party not a Party to this Agreement, nor shall it provide any rights to such third party to enforce its provisions.
Novwithstanding the foregoing, all iability-limiting provisions ofthis Agreement shall extend and inure tothe benefit ofall members
of TRC.
Signatures. The Proposal, any amendment to these Terms and Conditions, and any Change Order may be executed in counterparts,
each of which will be deemed an original, and all of which together will be deemed to be one and the same instrument. A copy of the
Proposal and any subsequent modifications signed electronically and/or delivered by e-mail or other means of electronic transmission
‘ill be deemed to have the same legal effect as delivery of a manually signed original. Each person executing the Proposal warrants
that he/she is authorized to do so on behalf of the Party for whom he/she signs the Proposal.
Notices. Any notice permitted to be given by email shall be sent to the below representative. Any other notice required to be given
pursuant to this Agreement must be in writing and sent by overnight delivery via USPS or a nationally recognized courier and
delivered to the address set forth in the fitst paragraph above to the attention of the representative below:

Ifto TRC, send to the attention of: the person signing the Proposal

Ifo Client, send to the attention of: the recipient ofthe Proposal
Any notice so given will be deemed effective upon receipt. Either Party may change its representative or address effective ten (10)
days after written notice thereof tothe other Party.
Remittance Information. TRC remittance information for making payments is as follows:

US. Postal Service:
TRC Lockbox
PO Box 536282
Pittsburgh PA. 15253-5904

it Packages:
TRC Lockbox

‘Attn: $36282

307 23% Street Extension, Suite 950
Pittsburgh, PA. 15215
877-550-5033

Wire Instructions (PREFERRED METHOD OF PAYMENT),
Beneficiary Account Nam TRC Companies, Ine. - Concentration

Beneficiary Account Number: 2232037090
Bank Codes:
ABA Number: (011500120 (Wires only)
Routing Number 211170114 (ACH only)
Swift Co cTZ1us33
Bank Name: Citizens Bank

Remittance Detail Emai [email protected]
TRC Contact: Dawn Dosti
Contact Phone Number: 207-660-7222

TRC Page 8 of § P-OL ver. 2022.07.18




TRC Environmental 2023 Rate Schedule

CODE TRC LABOR EV P-CODES 2023 HOURLY 
LABOR RATE

Principal/Technical Director
EV28 Level IV $350 

EV27 Level III $305 

EV26 Level II $273 

EV25 Level I $253 

Program Manager/Senior Technical Manager
EV24 Level IV $245 

EV23 Level III $227 

EV22 Level II $221 

EV21 Level I $211 

Project/Technical Manager
EV20 Level IV $203 

EV19 Level III $194 

EV18 Level II $186 

EV17 Level I $180 

Senior Scientist/Engineer/Specialist
EV16 Level IV $172 

EV15 Level III $163 

EV14 Level II $156 

EV13 Level I $149 

Project Scientist/Engineer/Specialist
EV12 Level IV $142 

EV11 Level III $134 

EV10 Level II $128 

EV09 Level I $119 

Scientist/Engineer/Specialist, Technicians, and Project Support

EV08 Level VIII $113 

EV07 Level VII $106 

EV06 Level VI $97 

EV05 Level V $91 

EV04 Level IV $82 

EV03 Level III $75 

EV02 Level II $68 

EV01 Level I $55 
(1)

(2)

(3)

(4)

(5)

(6)

(7)

A 2% fee will be applied to the invoice amount to cover Professional Liability and related insurance costs.

For Litigation or Litigation Support Services, please request a copy of our Standard Rates for Litigation Services

A 15% Mark-up will be added to non-labor costs and expenses/ODCs.  The Markup does not apply to equipment & laboratory rates below.

A 6% Communication/Digital Fee will be applied to labor charges in lieu of separate reimbursement for digital productivity 
solutions/applications, photocopying, report production, software usage, and postage costs.  Digital solutions/applications include mobile and 
desktop applications for data collection, hosting, visualization, and automated workflows, excluding custom development as required on a per 
project basis.

Overtime rates will apply to non-exempt (hourly) staff in conformance with applicable law.

TRC rates are subject to an annual calendar year escalation

Invoicing will apply TRC billing rates in conformance with the rate schedule in effect at the time of the services.

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TRC Environmental 2023 Rate Schedule

TRC LABOR EV P-CODES

2023 HOURLY
LABOR RATE

[Principal/Technical Director
EV28 __jLevel IV $350
EV27__|Level Ill $305
EV26__|Level Il $273
EV25__|Level! $253
[Program Manager/Senior Technical Manager
EVv24 _|Level IV $245
EV23 __|Level Ill $227
EV22___|Level Il $221
Ev21_|Levell $211
Project/Technical Manager
Ev20__jLevel IlV_ $203
EV19___|Level Ill $194
EV18__|Level I $186
EV17__|Levell $180
[Senior Scientist/Engineer/Speci
EV16 [Level IV. $172
EV15__|Level Ill $163
EV14 __|Level I $156
EV13__|Level! $149
Project Scientist/Engineer/Specialist
EV12__|Level IV. $142
EVit_|Level $134
EV10__jLevel I $128
Evo9 _jLevel! $119
[Scientist/Engineer/Specialist, Technicians, and Project Support
EV08 __|Level VII $113
EVO07__|Level Vil $106
EV06 _|Level VI $97
EV05_|Levelv $01
Ev04 _jLevel Iv $82
EV03__jLevel Ill $75
Ev02 _jLevel Il $68
EVv01__jLevell $55

@

e)

a

"KISH Maricup wil be added to hon Tabor costs and expenses/ODGs, The Markup Goes Nov apy To eaUIpMENT B aboraton ates below

‘Overtime rates will apply to:non-exempt (hourly stain conformance with applicable aw.

‘TRC rates are subject tan annual calendar year escalation

Invoicing will apply TRC bling rates in conformance with the rate schedule in efec tthe time ofthe services
ce uilbe apolied tate " Professional Liability nd elated

For Litigation or Litigation Support Services, please request acopy of our Standard Rates for Litigation Services|

WMD





MONTHLY BANK BALANCES

September 30, 2023

Regular Account 6,801,451.92
Employee Insurance 2,410,961.59
Employee Claims Account 1,000.00
School Project Captial Fund 1,243,928.50
Non-Judicial Reals Estate Sales 40,005.84
School Textbook 22,036.10
Sheriff Domestic Violence 1,183.35
Petty Cash Treasurer 436.05
Sheriff Seized Assets 27,073.90
Sheriff Restitution 4,370.79
Sheriff Forfeited Assets 1,348.49
Comm Attorney Forfeited Assets 32,375.53
Sheriff Federal Forfeited Assets 2,749.92
Comm Attorney Fed Justice Forfeited Assets 56,578.26
‘Commonwealth Attorney Abanoned Property 500.00
Sheriff Federal Justice Forfeited Assets 1,566.64
Sheriff Special Projuects 37,518.45
SSI Recipients 241.52
Social Service -Coy Hall Dedicated Account é 5,558.00
Bank of Honaker 60,499.07
New Peoples Bank 469,547.99
Certificates of Deposit General 49,575.00
Treasurer's Money Market 2,735,051.29
Certificate of Deposit Library Donations: 24,788.80
Certificate Of Deposit Employee Insurance 4,007,010.69
Total Cash In Bank 18,037,357.69
Cash In Office 2,100.02
Potty Cash 100.00

TOTAL CASH 18,039,557.71





DATE

September 2023

ACCOUNT DEBIT CREDIT
Cash in Office 2,100.02

Cash in Bank 718,037,357.69

Petty Cash 100.00

General Fund 3,735,307.83

‘Non-Judicial Real Estate Sales 40,005.84

Sheriff In State Trip 60,335.38

Sheriff Dare Fund 100.00

Sheriff Seized Assets 27,073.90

Sheriff Restitution 4,370.79

Sheriff Forfeited Assets 1,348.49

‘Comm Attorney Forfeited Assets 32,375.53

‘Honaker Library Donations 24,783.87

Russell County Housing Fund 4,424.36

Sheriff Federal Forfeited Assets 2,749.92

Sheriff Domestic Violence 1,183.35

‘Comm Attorney Abanoned Prop 500.00

‘Comm Attomey Fed Justice 6,578.26

Sheriff Fed Justice Forfeited 1,566.64

Sheriff's Special Projects 37,518.45

Social Services (608,718.47)
‘Swva Asap 25,483.80

Coal Road Improvement 7,086,642.46

CSA (1,128,242.66)
School Fund 1,100,363.42

School Food 7,908, 188.07

School Skilled Trade Program 125,000.00
School Textbook 22,036.10
Regional Adult Education 256,632.34

Petty Cash Treasurer 436.05
‘COVID 19 2,068.07
Litter Fund Trash Pickup (20,879.04)
‘American Rescue Act 3,076,907.47
School Projects Capital Fund 1,243,928.50
‘Opioid Settlement Fund 245 433.52

‘Current Credit (0.79)
Current Debit 14.44

Title XX 17,321.05

‘SSI Recipients 247.52

‘Damage Stamp Fund 2,823.98

Valley Heights 96,260.68

Dante Sewer 53,708.00

‘Employee Health Insurance 2,410,961.59

Employee Insurance COD 4,007,010.69

Employee Insurance Claims 7,000.00

Law Library 63,343.26

Special Welfare 43,520.17

Housing Fund #2 7,700.00

Russell Co Health & Fitness 732,865.92

‘Cannery (255,758.80)
WIB 10,051.75

Total 18,039,557.74 718,039,557.71





September 21, 2023
A Special Called Meeting of the Industrial Development Authority of
Russell County, Virginia was held on September 21, 2023 at 2:30 P.M. at the
Russell County Board of Supervisors Overflow Room.

MEMBERS

PRESENT: Richard Lockridge, Chairman
Tony Dodi, Vice Chairman
Carlton Elliott, Secretary
Harry Ferguson, Member
John Stamper, Member
Donnie Christian, Member
DeAnna Jackson, Member
Ron Blankenship, Member
Jarred Glass, Member

STAFF: Erie McFaddin, Executive Director
Terry Kilgore, Attorney

GUESTS: Tommy Schrader
John Lundy

The Chairman called the meeting to order at 2:30 P.M.
The secretary called the roll and recorded the roll call.

CLOSED SESSION
Upon motion made by Tony Dodi, second by DeAnna Jackson and duly
approved by the Industrial Development Authority of Russell County, Virginia to
enter Closed Session as permitted by, VA Code #2.2-3711 (3) Property for Project
“Flex” (5) Prospective Business Project “Flex” (7) & (8) Legal for Project “Flex”

‘The Vote was:
Aye: C. Elliott, T. Dodi, H. Ferguson, D. Jackson, D. Christian, J. Stamper, J.
Glass, R. Blankenship

Nay: None

Absent: None

RECONVENE TO PUBLIC SESSION
Upon motion made by John Stamper, second by Jarred Glass, and duly
approved by The Industrial Development Authority of Russell County, Virginia,
the Chairman called the meeting back into regular session and requested the
“Certification Motion after reconvening in Public Session”.




The Vote was:

Aye: C. Elliott, T. Dodi, H. Ferguson, D. Jackson, D. Christian, J. Stamper, J.
Glass, R. Blankenship

Nay: None

Absent: None

CERTIFICATION AFTER RECONVENING IN PUBLIC SESSION
The Industrial Development Authority of Russell County, Virginia hereby
certifies that, in the closed session just concluded, nothing was discussed except
the matter or matters (1) specifically identified in the motion to convene in closed
ion and (2) lawfully permitted to be so discussed under the provision of the
Virginia Freedom of Information Act cited in that motion.
The Roll Call Vote Was:

Richard Lockridge Yes Carlton Elliott. Yes
Harry Ferguson Yes Tony Dodi Yes
DeAnna Jackson Yes Donnie Christian Yes
Jarred Glass Yes John Stamper Yes

Ron Blankenship Yes.

ADJOURNMENT
Upon motion made by Tony Dodi, second by DeAnna Jackson, and duly
approved by the Industrial Development Authority of Russell County, Virginia
adjourning this meeting at 3:19 PM.

The Vote was:

Aye: C. Elliott, T. Dodi, H. Ferguson, D. Jackson, D. Christian, J. Stamper, J.
Glass, R. Blankenship

Nay: None

Absent: None




Shiloh Lyttle, DMO
Tourism Coordinator

Office Phon
COUNTY
Email: [email protected] VIRGINIAN

Heritage Festival

Festival event data presentation including,

Youth Presentations

Asa part of the youth subcommittee, Jim Lyttle, Janice Halsey, and Shiloh Lyttle went to
Lebanon High School Afterschool Program to present to a group of enthusiastic young adults
about the impact and importance of tourism, as well as tourism assets that are available to them.
‘The next presentation will be held on November Ist at Castlewood High School at 4:15 PM.

Arty Lee Campground

‘The grand opening of the Arty Lee Campground and Dante Coal ATV Trails will be held on
Monday, October 304, 2023, at 10:30 AM. This has been a long process to ensure that this
project would come to fulfillment, thank you to those board members and partners.

The Arty Lee Campground will be taking the reservations online through the website, am
currently designing to become operational.

VAI Governor’s Summit — Richmond, Virginia

Iwill be attending the VA1 Tourism Governor’s Summit in Richmond, Virginia this year from
Sunday, November 12th — Tuesday, November 14th,

Picnic Table Project

This project has been completed thanks to the Flatwoods Job Crop work crew for coming out and
building our tables, Those tables have been placed at the Old Russell County Courthouse for
public use. They are a beautiful addition to the property.

Adventure Guide — ARPA

Thave met with Amber Amburgey, and we were able to discuss how the development with the
Adventure Guide will develop moving forward. The layout of the guide and content to be turned
in at the end of October. Amber will have the turnaround, and we will then send the draft to the
editors. Once completed it will be sent off to the printers.




Shiloh Lyttle, DMO
Tourism Coordinator
Office Phone: (276)344-8504
Cell Phone: (276)880-5728

Email: [email protected]

Agritourism Meeting ~ November 16th
On November 16th, 2023 at 5:30 PM at Pat’s Kountry Dinner,

Social Media & Webpage

Facebook Data
People Reached ~ 31,374
Post Engagements ~ 6,583
Page Likes - 48
Page Followers ~ 89
Webpage
October Ad — Webpage promotion
Engagement
Total Views ~ 3,327
People Reached — 2,063
Total Clicks —77

COUNTY
NIRGINIAY

‘The October Ad that is currently running is a fall-based ad on beauty and outdoor recreation that
is available in Russell County, Virginia. It has also shown us to be successful with the promotion
of the website, we have also improved the number of brochures that we are mailing out, The
cities targeted in this ad were directed at Nashville, Roanoke, Knoxville, Richmond, Raliegh,
Atlanta, Jacksonville, Chicago, and Charlotte. This was shown to be successful, these cities were
decided based on data collected by Heart of Appalachia, as well as data collected from our own

webpage and social media pages.
‘Traffic Sources
Facebook — 174
Virginia.org - 61
Direct 47
Google — 26
Unique Visitors: 313,




Shiloh Lyttle, DMO.
Tourism Coordinator
Office Phone: (276)344-8504
Cell Phone: (276)880-5728

Email: [email protected]

COUNTY
VIRGINIAN

Site Session: 357

State Visitation: Our current largest out-of-state visitation and engagement is with Tennessee in
Nashville. We are also seeing engagements on our website from Canada, North Carolina, and
Georgia within the past month.

The main reason we consider visitor engagement with our website is because it shows us where
are the main areas, where we need to focus our social media ads, and who are audiences we are
drawing into our county. This is because when most visitors engage with a locality’s website,
they are truly interested in that location, and therefore more likely to visit.

*Also please see the project timeline currently being worked on as well as running social media,
and meeting with local business owners, and other community officials and organizations.*




Shiloh Lyttle, DMO
‘Tourism Coordinator

Office Phone: (276)344-8504

Cell Phone: (276)880-5728

Email: shiloh. [email protected]

COUNTY
NIRIGINIAY

Russell County Tourism BOS Report October 2023
Upcoming Events

October 13th — 14th: Harvest Craft Faire

October 14th — 15th: Jurassic Park — The Russell Theatre

October 13th: Halloween Movie Night — The Lyric Theater

October 20th: Comedy Night — The Russell Theatre

October 20th — 21st: Trail of ‘Terror — Cleveland

October 21st: Library (LVA) on the Road

October 21st— 22nd: Hocus Pocus ~ The Russell Theatre

October 26th: Grand Opening and Ribbon Cutting of the Historic Russell Theatre
October 27th ~ 28th: Trail of Terror - Cleveland

October 28th: Creepy Crawlers, Scavenger Hunt, Halloween Paw-ty ~ The Western Front
October 3 1st: Haunting on Main — Lebanon,

October 31st: Trunk or Treat ~ Honaker

October 31st: Trunk or Treat ~ St. Paul

October 31st: Trunk or Treat — Cleveland

November 4th: Chili Chili Bang Bang ~ St. Paul

November 8th: Holiday Bazaar

November 18th: Holiday Market/Santa Train (St. Paul & Dante)

November 25th: Shop Small Saturday

December 2nd: St. Paul Christmas Parade

December 4th: Lebanon Christmas Parade

December Sth: Cleveland Christmas Parade

December 9th: Dante Christmas Parade

December 9th: Christmas Bike Night




HERITAGE
FESTIVAL DATA

RESULTS 2023

Presented by and Data Collected:
Shiloh Lyttle, DMO - Russell
County Tourism
Coordinator/Director





Heritage Festival
Survey Results: Briefing

The festival was held on Saturday, September 23rd, 2023, at the Old
Russell County Courthouse and Dickenson — Bundy Craft House in
Castlewood, Virginia. The event included live bluegrass music, local
craft artisans, demonstrations, tours of the courthouse, educational
(time-appropriate) activities, and food trucks.

After the event, based on the attendee bracelets distributed, the attendee
count was 214. I would account for around 25-35 individuals who were
not accounted for at the event.

The survey is based on the responses from around 15% of the attendees.




How did you learn
about the Heritage
Festival?

The survey results concluded that a
vast majority of the people who
attended the Heritage Festival
learned about the festival either
through social media sources or
word of mouth (friends and family).
This shows that through our
advertising on social media and
pushing the event out, we received a
large portion of attendees.

mSocial Media Friends & Family (WOM) SWebsite “Other

Friends & Family
{(WOM),A4%




BYes No

Are you interested in
attending next year?

100% of survey participants
were interested in coming
back for this event next year!





mYes mNo OMaybe

Do you follow us on social media?
Facebook or Instagram:
Experience Russell County, VA

The research concludes that the vast
portion of the survey participants do
follow us on social media or believe that
they do. There were no participants who
knew that they did not follow us on
social. I would say that from the results
itis fair to conclude that they had heard
about Experience Russell before.





Where are you
visiting from?

Since this was our first year having
this event, we were still successful
and gained a portion of attendees
from outside of Russell County. Even.
though 85% of the survey participants
were from within the county.

Russell County = Out-of-county

SOutofstate




If you are visiting,
where are you
staying?

Spilt 50/50, with those who were
visiting the area none of which were
staying in a local hotel or Airbnb. They
were either staying with friends/family
or staying locally in Russell County.

mFriends/Family

Friends/Family,50%

Staying locally




Why did you attend the
Russell County Heritage
Festival 2023?

Out of the options that were
provided (shown in the graph)
choosing to spend time with friends
and family and visiting the historic
courthouse were the top choices that
were major reasons for attending.

14

Historic

Courthous
212

12

Spend
time with
friendsifa

mily,10

10

Education
al
Activities. 8

Enjoy live
music,7

Visiting
Area and
Checking
Dut Local
Events.3

Reasons for
Attending




Let us know what you want to see more of for next year.
Please keep in mind that this is our first year hosting this
event, thank you for your feedback.

« “Food trucks”
« “More vendors & food trucks”

« “Maybe Apple Butter Making. Loved the Blacksmith and Preacher.
More interactive activities. Maybe the DAR.”

~ “More music, food vendors, more crafts, and demonstrations”
* “Loved it, thank you!”

“More advertising for events & more activities”

« “More of the same”




Heritage Festival
Survey Results: Conclusion

Based on the data feedback, as well as, speaking with individuals in the community that
attended the festival I have heard nothing but positive and encouraging responses. Taking
into account, that this was our first year hosting the event we did experience some
“hiccups” as you will in any event. But learning from those “hiccups” we are able to adjust
the event accordingly in the coming years.

There were many suggestions that were shared by TAC members, volunteers, and event
attendees that I will be taking very seriously as we begin to plan the event for next year.
Including an increased amount of food trucks, involving the local schools more, adjusting
the layout of the event, increasing local event advertising, and more demonstrations just to
name a few.

Tn overall conclusion, I was able to collect that it was a successful event and has had a
positive impact on the community. Based on the data collected all of this was well received,
and many want to see the same things next year. Along with the addition of amplifying our
activities for next year.




Russell County Tourism Advisory Committee (T.A.C.)
Committee Meeting Minutes
September 21, 2023; Pat’s Diner 5:30 pm

TAC Coordinator, Shiloh Lyttle

Committee Members

Jennifer Chumbley, Chair (District 3)
Alice Meade, Vice Chair (At large)
Dustin Blackson, Treasurer (District 2
Janice Halsey, Secretary (District 5)
Carley Bruck (District 1) - Absent
Douglas Hubbard (District 6)- Absent
Lisa Hubbard (District 4)

Heart of Appalachia DMO
Maddi Gordon - Absent

Ex-Officia : Jim Lyttle ; Angie Carpenter -Absent ; Jeff Hess

Call Meeting to Order: Jennifer Chumbley called the meeting to order at Pat's Diner at 5:30 pm on
September 21, 2023.

Approval of Agenda: Alice Meade made motion to approve agenda for September 21, 2023. The
motion was properly seconded by Dustin Blackson and motion was carried.

Approval of Minutes:
Motion was made by Dustin Blackson to approve the August meeting minutes. The motion was

properly seconded by Linda Hubbard and the motion was carried.

Introduction:
Jeff Hess introduced himself to newer members. He was a former member of TAC and is now a non-
voting advisory member.

Treasurer's Report;
Shiloh paid for an ad for Facebook for $79.00.




Old Busines:

Webpage & Social Media Update:

Shiloh figured out how to do an ad on Facebook. She made a new post which is a real ad on Facebook
that appears to certain demographics- Nashville, Roanoke, Knoxville, Richmond, and Charlotte. The cost
‘was $79.00. FB followers are up to 8400 which is an increase of 550 since last year. There have been
400 views on the website in the past 28 days on the ad. People reached 2,422, clicks 70.

inney Love Sign
‘The ribbon cutting was on September 14 with live music, Shiloh talked to Carl about getting this sign on
the Crooked Road,

‘The Russell Theater
A soft opening is planned for September 23rd. The time is not until 6:00 pm so will not interfere with

New Business:

Russell County Event Calendar:

Sept 23 — Heritage Days, Old Russell County Courthouse

Sept 23 ~ Soft Opening The Russell Theater

Sept 30-Vet Fest

Oct 13-14 — Harvest Craft Fair Russell Co Fairgrounds

Oct 14~ Honaker Haunted Walk, Haunted House & Hayride

Oct 20-21; 27-28- Cleveland Fire Dept Haunted Bridge Walk

Oct 21 - LVA (Library of Virginia) on the Road

Oct 28 - Jeepers Creepers, Western Front: St. Paul

Oct 31 ~ Haunting on Main- Lebanon; Trunk or Treat ~ St. Paul

Nov 4~ Chili Chili Bang Bang

Nov 8 ~ Holiday Bazaar-Lebanon; Holiday Market & Santa Train-St. Paul

Nov 25 ~ Shop Small Saturday (St. Paul does punch cards at each business throughout town), Shiloh is
going to talk to other businesses in the area to see if they want to participate in the punch cards.
Christmas Parades:

St. Paul- Dec 2; Lebanon-Dec 4; Cleveland-Dec 5

Dec 9 — Bike Night

Heritage Festi
Shiloh reached out to Castlewood High School for volunteers bad had not heard anything back from
them, However, she shared we should have enough of our own volunteers, Wynona Dove may have to
cancel due to family illness. Blue Grass circle has graciously offered to perform for as long as needed.
JoBeth Wampler’s Women’s Group will be doing story telling. Food Truck Shaka Latte canceled but My
Cup Runneth Over will be there. There are a total of 13 vendors with 2 having canceled. Jennifer
Chumbley will be bringing her popcorn machine in case there aren’t any food vendors. Jennifer will be





bringing goats and chickens to provide a small petting zoo for the children. TAC and the History
Subcommittee will be meeting at the Old Courthouse on Friday, September 22 for all who can come.
Jim Lyttle will be there as a Clinch Circuit Rider, which were preachers of all denominations who went to
different churches via horseback, ARC-TV might be there. Shiloh has contacted The Lebanon News.

Picnic Table Project
We had hoped to have these by the Heritage Festival, but the builders keep rescheduling. We are now

told they will be ready the last week of September.

Historic Subcommittee Update:
Was covered in discussion about Heritage Festival (see Heritage Festival).

Agritourism:
The next Agritourism meeting is set for November 16, 5:30 at Pat's to discuss Century Farm. Jim and
Janice will be giving a presentation at Lebanon High School to the after school program on October 9,
4:00-5:00 to present the videos that Brad Deel & Preston Ball filmed.

Jennifer Chumbley shared news about a local author, Bryant Skeen, who has written a series of three
books, “Johnny the Ambulance,” which are now on Amazon.

Shiloh shared that we are still doing the November ad in Blue Ridge Outdoors, this is a % page and E-
news ad. She will be meeting with Amber Amburgey on the Adventure guide. Shiloh is currently waiting
for another round of photos from Preston Ball. She is getting ready to work on the verbiage, etc. for the
guide. Will need to have an editor to look at the guide.

Shiloh will be attending a networking conference — Breck Project ~ which is about restoring coal
impacted communities through tourism as a form of economic development.

Dates to Remember: Next meeting at Pat's, October 17 @ 5:30pm

Adjourn
Alice Meade made a motion to adjourn the meeting. The motion was properly seconded by Dustin

Blackson and the motion was carried,




X

Jennifer Chumbley
Chair Signature

Prepared By:
Janice Halsey - Secretary




Tourism Project Development

[Status Color Legend & Toggle

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ONT ot) OFF OFF
oe a a Anticipated Anticipated Actual Start Actual Estimated
ers on a Start Date End Date Date End Date Cost Faaaiians

County QR Code development Not Started | OR Code connect

Website Update & Development Complete | Reformatting the wt

Blue Ridge Outdoors Ads -ARPA Complete | June Ads

Soil Mos Ad Gontnvsl agg Run Apis

Aaventre Gude Production - ARPA Inpresrese Guid highighng: Augut ao

Protearaphy ARPA | compte | Prtesont Pret June | August
erece-cPro InPrgress Economic velo Fabuay ——_Dasamber.

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imal Busine Netorking Event InProgress Conectngsmallb August December

enn arms Dedication Agu InProgress Honoring ams thou Api WA (erent

[compete [Pinictaes &sionadty——__—|waCeurenty) |





Anticipated Anticipated Actual Start Actual Estimated

rome seit Boo ‘Start Date End Date Date End Date Cost eco

Page 20f2




Russell County Planning Commi

September 18, 2023

The Russell County Planning Commission met on Monday, September 18, 2023 in the
conference room of the Board of Supervisors at the Russell County Government Center, 137
Highland Drive, Lebanon VA.

Members Present Members Absent Others Present

Oris Christian Mark Mitchell
Charlie Edmonds

John Mason

Ernie McFaddin

Jack Compton

Philip Addington

Keith Ray

Vice Chairman John Mason called the meeting to order at 6:30 p.m.

Invocation and Pledge of Allegiance given.

Agenda approved. Motion by, Charlie Edmonds seconded by Oris Christian, motion passed
unanimously.

August 21, 2023, Meeting minutes approved. Motion by Jack Compton, seconded by Philip
Addington, motion passed unanimously.




RUSSELL COUNTY PLANNING COMMISSION
August 22, 2023- September 18, 2023

1. Correction plat for Classic Country Land LLC (had
name incorrect on plat) Century Farm RD

2. Larry Willis Rasnake & Patricia Rasnake to
Commonwealth of Virginia .927 AC Artrip RD




RUSSELL COUNTY CONFERENCE CENTER

October 1, 2023

The following is a ist of the Russell County Conference Center events for the month of October.

Date Event Event Type Space

10102123 Russell County Tax Sale Community Full

Alicia MeGlothtin Event 30

10/05/23 Metallurgical Coal Producers Association Individual Full
Barbara Altizer Event $640

10107123 Farm Bureau Customer Dinner Community Full
Bruce Wamer Event $135

10109123 Tru Point Bank Corporate Training Day Individual Full
Garnette Owens Event $450

1012/23 Clinch Valley SWCD Annual Banquet Individual Full
Hannah Rexrode Event $275

1018/23 Birthday Party Individual Full
Jay Lewis Event $125





Date Event Event Type Space
10/19/23, Lebanon Primary School Designer Purse Bingo Community Full
Rebecca Sykes Event $135

10721123 Perkins Wedding Individual Full
Alexis Keen Event $135

10122123 Lebanon Youth Cheerleading Banquet Individual Full
Rae Anne Hurley Event $125

10/24/23 ‘WOB Staff Meeting Individual Full
Pam Ratliff Event $165

10125123 Election Officer Training Individual Full

Diana Shorter Event $0

10/26/23, 1 Coal Production Association Individual Fall
Barbara Alizer Event $595

- $250.00

Final Total

$ 2,780.00





THE RUSSELL COUNTY TRANSPORTATION AND SAFETY COMMISSION MET AT BONANZA
RESTAURANT IN LEBANON VIRGINIA ON OCTOBER 10™ 2023. 6 PM.

MEMBERS & GUEST PRESENT
GARY DOTSON EUGENE FERGUSON HENRY STINSON LINDACROSS = CARL RHEA
BILL WATSON TIM LOVELACE BARBARA COX

GUARD RAILS CONTRACTOR BEHIND IN BRISTOL AREA

1-GUARD RAILS REPLACED AS DAMAGED

2-DANTE ROANOKE HILL NEAR THE TOP FOR APPROXIMATELY 150 FEET NEEDS NEW GUARD
RAIL REPLACED VERY RUSTY AND LOW TO THE GROUND

3-RT. 58 W AT QUARRY ROAD GUARD RAIL EXTENSIVE DAMAGE 4

4-RT RT 58 W/683 MEMORIAL DRIVE SIGN POST DAMAGED AT THE INTERSECTION NEEDS NEW
POST FROM THE GROUND UP PLUS THE MEMORIAL SIGN IS BENT WITH BOLTS MISSING

5-RT 58 WEST MILE MARKER 68.8 ACROSS FROM HONAKER CHURCH GUARD RAIL DAMAGED.
6-RT 19 N AT VALERO CROSS OVER END OF GUARD RAIL DAMAGED

ALL GUARD RAILS HAVE BEEN REVIEWED AND TURNED IN

SHOULDER REPAIR AND POT HOLE

1-RT 615 GRAVEL LICK BETWEEN GOLF ENTRANCE AND THE OLD TRASH DUMP ROAD SINKING
WILL PATCH WHEN ASPHALT IS AVAILABLE

2-RT 903 ROSEDALE SUBDIVISION BIG POT HOLE AT THE ENTERANCE

3-RT 71 NORTH JUST BEFORE JESSEE’S MILL ROAD SECTIONS OF PAVEMENT COMING UP

4-RT 19/80 NORTH BOUND ROAD HAS A LARGE DIP AT THE TURN OFF

5-RT 615 FIRST HOUSE ON DINSMORE HILL PAST GOLF COURSE BOTH SIDES OF ROAD WASHED.
OUT

6-RT 682 DEAD AND LIVE TREES HANGING OVER THE ROAD FIRST MILE FROM RT 609 AND.
BRUSH FROM FALLEN TREES LAYING ALONG THE ROADWAY NEAR THE TOP NEEDS TO BE
REMOVED. REMOVAL PENDING NEW CONTRACTOR

7-RT 661 ARTRIP ROAD NEAR JOE DOTSON’S ROAD IS BADLY RIPPLED FOR APPROXIMATELY
500 YARDS

8-RT 67 NEAR E. DILLION WATER STANDS IN ROAD DURING RAINS POSIBLE FIX IS TO CUT A
WINDOW IN THE SHOULDER OR EMIMATE BERM

9-RT 67 DYE HILL A 40 FEET SECTION OF ROAD SINKING. WILL OVERLAY

10-RT 661 CLEVELAND ARTRIP BRIDGE GUARD RAIL BEING WASHED OUT NEAR CAMPBELL
KISER ESTIMATE SUBMITTED

11-THACKER BRANCH OFF FINNEY ROAD SEVERAL PLACES ON THE EDGE OF THE ROAD
WASHING OUT





12-RT 627 LOWER BEARWALLOW NEEDS A SPEED LIMIT SIGN INSTALLED

13-RT 19 NORTH NEAR SOULS HARBOR CHURCH ROAD SINKING. WILL MILL AND RESURFACE
14-RT 614 AT THE BLUFF NEEDS DEFLECTORS ROAD OFTEN FOGGY OR ICY

15-RT 67 1/8 MILE NORTH OF SWORDS CREEK SCHOOL EITHER THE ROAD IS SINKING OR THE
BRIDGE RISING

16-RT 640 A ROCK IN A CURVE NEAR TOMMY BREEDING’S HOUSE NEEDS TO BE TRIMMED
17-RT 82 CLEVELAND ROAD NEEDS REFELECTOR ON DOWN THE MOUNTAIN GUARD RAILS

SCHOOL BUS SAFETY AND OTHER CONCERNS

1- RT 611 JOHNSON SETTLEMENT REQUEST SPEED LIMIT SIGNS COUNTY NEEDS TO
REQUEST A STUDY

2- BRUSH ON SEVERAL SECONDARY ROADS HITTING SIDE AND TOP OF SCHOOL BUSES

3- RT 654/657NEEDS A SPEED LIMIT STUDY BECAUSE THE SPEED LIMIT OF 25 MILE PER
HOUR IS LESS THAN THE 35 MILE PER HOUR ON THE TOWN ENTERANCE

4- RT 651 ROMAN RIDGE AND NEW GARDEN INTERSECTION BRUSH AND WEEDS NEED TO
BE CUT FOR VISIBILITY

5- RT 58 EAST NEAR MILE MARKER 62.6 IN THE CUT THROUGH A DEAD TREE HANGING ON
THE HIGHWALL SUBMITTEDTO ROADSIDE

6- RT 67/637 GARDENER ROAD SWORDS CREEK A CHURCH SIGN AT GARDENER FULL
GOSPEL CHURCH NEEDS TO BE RELOCATED WHICH BLOCKS VISIBILITY FOR LARGE
VEHICLES

7- RT 67 SWORDS CREEK SCHOOL WATER FLOODS PARKING LOT. A POSSIBLE FIX WOULD
BE A DRAIN PIPE DIRECTING WATER TO THE CREEK

8- JESSEE’S MILL ROAD NEEDS BRUSH CUT ALL THE WAY THROUGH

ITEMS REPORTED CORRECTED

1-RT- 645 LARGE POT HOLE REPAIRED NEAR MARY OWENS.

2-MUSIC FEST ROAD BELFAST GRAVEL IN THE ROAD CLEANED UP

3-RT 67 NEAR SWIFTY JOHN’S TWO DISABLED VEHICLES REMOVED FROM ROADSIDE
4- RT 740 COPPER ROAD RESURFACED

5- RT 82 CHEVRON SIGN REPAIRED NEAR CLEVELAND

6-RT 602 RIDGEWAY TREE LIMB REMOVED




FUTURE SUGGESTED MAJOR SAFETY PROJECTS

1-ARTRIP RD. % MILE FROM CLEVELAND BRIDGE BANK NEEDS TO BE TAKEN OFF TO WIDEN
ROADWAY. WILL REVIEW WITH RESIDENCY TWO DIFFERENT PROPERTY OWNERS

2-RT 667 CENTURY FARM RD. FIRST INTERSECTION NEEDS TO BE WIDENED HAVE HAD
SEVERAL WRECKS POSSIBLE REVENUE SHARING PROJECT

3-RT 651 HUBBARD TOWN ROAD INTERSECTION ONTO NEW GARDEN ROAD NEEDS TO BE
WIDENED A BLIND SPOT IN THE CURVE. TWO CRASHES IN THE LAST TWO YEARS POSSIBIBLY
SCALE BACK THE BANK

4-RT 684 CHESTNUT RIDGE CIRCLE OFF ROUTE 65 ROAD NEEDS TO BE WIDENED ESPECIALLY

ON THE LOWER END UP TO THE CHURCH POSSIBLE SOLUTION IS TO FIX TURN OUTS FOR LINE
OF SITE

5- ALL COUNTY ROADS NEEDS LINE PAINTED ON EDGES

UNDERLINED AND BOLD COMMENTS FROM HENRY KINCER

COMMISIOM MEMBER INFROMATION

BARBARA COX 971 1502 JOHNNY JESSEE 7016780
LINDA CROSS 794 7618 TIM LOVELACE 971 0367
GARY DOTSON 7 62 9803 TONY MAXFIELD 254 2492
EUGENE FERGUSON 210 8504 MIKE O’QUINN 701.7086
CARL RHEA 254 3810 HENRY STINSON 873 4905
HENRY KINCER 889 7601 BILL WATSON 794 1021

NEXT MEETING WILL BE NOVEMBER 14TH 2023 WE THANK ALL WHO ARE INVOLVED IN
KEEPING OUR ROADWAYS SAFE AND OUR GUEST PARTICAPTION




Cannery Revenue Report FY 2023/2024

Castlewood

Tn County |In County] Cans Glass | OutofCo | OutofCo] Cans Glass
Customers| Revenue | _Used vars _|Customers| Revenue |_Used Jars
July 5 $_ 34.30 0 145 3 $__ 33.75 0 78
August 73__[$ 224.25 0 7314 70__[$ 315.60 0 833
September] __9 $_104.90 0 645 19__| § 867.50 0 2432
(October
November
December
January
Total 27__|$ 303.45 0 2104 32 | $1,216.85 0 EEE
Honaker
In County |In County| Cans Glass | OutofCo| OutofCo] Cans Glass
Customers} Revenue | __Used Jars _|Customers| Revenue | _Used vars
July 5 $_ 31.75 0 177 7 _[$ 5.85 0 39
August 23__|$ 430.23| 115 1412 0 s_- 0 0
September| 12 | $ 209.99| 18 969 0 s- 0 0
[October
[November
[December
January
Total 40__|§ 671.97) 133 22568 7 $__ 5.85 0 39





Octohee 2023

Russell County Animal Shelter

Monthly Report

Stray Owner Seized Bite Case Other © Total
surrender Quarantine

a
Adored ae

Sf

Intake Total:




Library Board of Trustees Meeting

Members Present Members Absent
Judy Ashbrook Karen Davis, ‘Ann Monk

Susan Breeding Kim Fife Sherry Lyttle Sharon Sargent
Bob Breimann Sharon Van Dyke

Chair Karen Davis called the meeting to order 19 September 2023 at 5:05 pm.

Motion to approve agenda made by Kim Fife and seconded by Bob Breimann; motion
approved.

Minutes: Kim made and Bob seconded a motion to approve the August minutes as
distributed; motion passed.

Financial: Susan Breeding made and Kim seconded a motion to approve the bills;
motion passed.

Staff Reports: Kelly reviewed the staff & director's reports,

Old Business:

New Business: Bob made and Judy Ashbrook seconded a motion to hire part time
substitute; motion passed.

The board reviewed the Strategic Plan without change.
Review & Summary:

Next meeting: 17 October 2023, Honaker Community Library
Kim made and Judy seconded a motion to adjourn; motion passed.
Respectfully submitted, Kelly McBride Delph





Litter/Code Enforcement Report

11/06/2023
Name Address 1:Visit__Notes
1. Gene Couch Walnut Hills/Memorial Dr 3/31/2022 EPA Warning
Castlewood Four Lane. 10/10/23 Complied
2 166 Dante Rd. 3/31/2022 Unfounded
3. Erie Vance 640 Clark's Valley Rd. 3/31/2022 Cleaned
Complied
4 1246 Buffalo Rd 3/31/2022 Dump on right
Castlewood of way/
Camera set
Camera pulled, no further activity.
5. Barbara Jones (tenant) 3933 Swords Creek Rd. 3/31/2022 Certified Letter
Gomez Apartments Complied
6. 475 Arrowhead Circle 3/29/2022 Cleared
Complied
7. Benjamin Couch 10704 Redbud Hwy 4/5/2022 Certified Letter
Honaker Complied
8 Loraine Byrd 468 Simmons Town Rd. 3/31/2022 Certified Letter
Raven ‘work in progress

‘Summons issued




9. Lisa Huffman

10. Brian D. Wallace

11. Christy Honaker

12, Tiller Residence
brother

13, Jackie Meade
required

14. Beverly Woods
required

107 Love road

Lebanon

215 Bostic Hollow Rd.
‘Swords Creek

75 Grand Haven Drive
Lebanon

84 Hill Top Rd.

Dante

2620 Campbell Hollow Road

Honaker, Va.

151 Straight Hollow Road
Dante

‘Summons issued

10/15/2023 Complied

3/31/2022 Complied
Complied

4/1/2022, Complied
6/21/2022 Checked area
In violation.
7/30/2022 Certified Letter
9/14/2022 Complied

4/15/2022 spoke with

10/10/23 Complied
7/18/2022 Hand Delivered
Letter

8/30/2022 Rechecked, more

4/18/2022. Follow up

6/21/2022 Complied

6/4/2022 Follow Up
276-395-1089

(Elderly widow. Working on getting assistance.)

7/24/2022 Certified Letter

10/10/2023 % clean




15.

16.

7.

18.

19.

20.

21,

22.

23,

Fred Rife

ordinance

Ordinance

174 Straight Hollow Rd.
Dante

278 Sugar Run road

Raven

331 Sugar Run Road

Raven

Appliance repair Business Dante Road

Trailer Rt. 67
left

Burrell Ray's Property
Code given

8122 Swords Ck. Rd.
given

2094 Pioneer Drive

Raven

Cleveland

Swords Creek

Lebanon

4/22/2022 Certified Letter

Complied
5/13/2022 Copy of
left in door facing
No contact made
8/26/2022 Complied
5/13/2022 Copy of
left in door facing.
No contact made
5/14/2022 Copy of ordinance
left at business.
7/21/2022 Complied
5/20/2022 Copy of Code
5/21/2022 Complied
6/3/2022 Copyof
7/26/2022 Complied
6/3/2022 Copy of Code
6/9/2022 Complied
6/15/2022 Copy of Code left in
Door
Certified letter
Not Accepted

Complaint of subjects operating trash collection business in County. Spoke with Brian.
Subjects have made plans to obtain permit. 6/23/22 Permit obtained.




24, 79 Ratliff Lane Belfast (vacant lot) 6/20/2022 Researching Owner
Certified letter
Not accepted
25, 360 Carbo Road Cleveland area 6/21/2022
(Complainant of subjects throwing several garbage bags out near residence. Complainant
picked up and hauled trash off. Complainant found one items with name and address.
Investigating. 7/20/2022 Suspects residence found. Moved to Ohio. Area Cleaned.

26. Big A Mountain. Tires dumped 6/21/2022 Investigating
On strip job 8/30/2022 No evidence
27. Cedar Creek Lebanon (trash behind camper) 6/21/2022 Investigating

7/28/2022 Copy of Letter Given
9/20/2022 Warned

28, Brick House Mew Rd. Castlewood 6/22/2022 Copy of Code left

7/28/2022 Complied

29. 292 Upper Bear Wallow Rd. Dante 6/22/2022 Copy of Code
Left in door
8/29/2022 Complied

30. Rt. 65 beside John Puckett’s Home Castlewood 6/22/2022 Investigating.
7/26/2022 Nothing found

31, 860 Clifton Farms Road Belfast 6/22/2022 Investigating

8/29/2022 Complied

32. 1959 Pioneer Drive Lebanon 6/29/2022 Copy of Code left
6/29/2022 Spoke with owner
Via phone.

7/11/2022 Complied




33.115 Sycamore Lane (Honey Branch) 6/7/2022 Spoke with tenant
6/9/2022 Complied

34, Goss Trailer Park (Jimmy Little trailer) 6/7/2022 Spoke with subject
Via phone
7/28/2022 Progress

8/30/2022 Summons
11/06/2023 90% clean

35. Goss Trailer Park. 4 trailer on Right. 6/27/2022 _ Left copy of code in
Door.

7/28/2022 Complied

36. Lebanon 6/27/2022 Copy of code left in
Door.
7/4/2022 Complied
37. 1920 Big Cedar Creek Rd. Lebanon 6/27/2022 Copy of code left
38, 253 Frosty Road Castlewood 7/5/2022 Copy of Code left
7/26/2022 Progress
10/10/23 Complied
39, Ridge St. (MclInturff) Castlewood 7/5/2022 Bank Owned/Code
with tenant.
Outside of home has been cleaned, Subjects are supposedly moving. Recheck on 9/2/2022.
Subjects have moved, empty house. Bank left notices on door. 10/10/23 Outside clean
40, 307 Mew Road Castlewood 7/5/2022 Copy of Code left
‘Be mailed

11/10/2022 Complied

41, 4982 Mew Road Castlewood 7/7/2022 Copy of Code left
8/30/2022 Complied
43, 583 Mew Road Castlewood 7/11/2022 Copy of code left
8/30/2022 Complied




42. 284 Lower Bear Wallow Rd. Dante 711112022 Copy of
code left
7/13/2022 Complied

10/03/2022 New complaint,

43, 1559 Straight Hollow Rd. Dante 7/18/2022 Copy of letter left

8/30/2022 Complied

44, 342 Straight Hollow Rd. Dante 7/18/2022 Copy of letter left
8/30/2022 Complied
45. 243 Red Oak Ridge Rd. Castlewood 7/18/2022 Copy of letter left
46. 4442 Red Oak Ridge Ra. Castlewood 7/19/2022 Copy of letter left
(Vacant) 7/24/22 Certified Letter
47. 4478 Red Oak Ridge Rd Castlewood 7/19/2022 (Vacant)

7/28/2022 Certified Letter

48, 20 Crooked Branch Rd. Castlewood 7/19/2022 (Vacant)
Complied
49, 32 Crooked Branch Rd. Castlewood 7/19/2022 (Vacant)

7/28/2022 Certified Letter

50. John Simms Road, Trash (Lease is up). Trash is still being dumped at site.

On 8/15/2: 5 House holds told to go pick up
Trash from site. Lock cut off and chain stolen, Surveillance cameras has

provided some information about other subjects dumping at the site. Investigating those now.
Gate was also torn from hinges. Gate fixed and tied back in place. Letter being mailed certified
to Landowner advising of his responsibility to secure gate. Working site for another week.
Gate tied back up and tied with wire. Signs placed in two places in plain sight. Checked cameras
and put gate back up. Certified letter mailed to owner of property stating He was responsible
for the property. More homes visited and trash picked up. Officer Brooks has spent the biggest
part of a month trying to patrol and have the property cleaned only to see gate taken off hinges
again. Following up on wild goose chases trying to locate people by way of addresses found in
trash. Called and left message on phone, advising | would assist in cleaning the property.
Certified letter was returned unaccepted. Visited Preston Breedings residence to speak to
landowner about Finney Site, Noone home. Owner left word with Bridgett that he will take care
of issue.





51, 933 J, Frank Taylor Subdivision Belfast 7/26/2022 Letter given to

occupant
8/30/2022 Progress
9/22/2022 Complied
52. 584 Lower Bear Wallow Dante 7/26/2022 roofing materials
Spoke to owner
8/30/2022 Complied
53, 607 Lower Bear Wallow Dante 7/26/2022, Trash behind house

Spoke to resident
8/30/2022 Complied
54, Burtons Ford Castlewood 8/15/2022
Trash dumped on property. Address and name of suspect located. Spoke with
suspect who advised she will pick up trash. Would not admit to dumping. Blamed it on others
Who cannot be located. Trash will be picked up or Suspect will be charged with littering.

9/2/2022 Trash was picked up by subject from home of suspect. Noone would admit to

dumping so no charges have been placed.

55, 1663 Straight Hollow Road. Dante 7/26/2022 Trash piled beside
road

Letter given to occupant
8/30/2022 Complied

56. 17 Culbertson Lane Dickensonville 7/26/2022 _ Letter left in door.
(Vacant.)

8/30/2022 Complied

57. 5777 Mew Road Castlewood 7/18/2022 _Brush, tires, trash
Letter left with owner
8/30/2022 Complied

58. Dante Road (Near Moorefield Bottom) Trash bags fell from vehicle. Found subject in Lower
Straight Hollow. Bags were picked up. Didn’t know they fell from truck.
59, 4187 Back Valley Road Cleveland 11/03/2022 trash, tires




60.

171 Second St. Moorfield Bottom

61. 6115 Drill Road

62. 4687 Drill Road

63. 16946 West Hills Dr.

Honaker

Honaker

Castlewood

Letter left with owner.

2/24/2023 Some Progress

10/10/23 90% clean
11/03/2022 Trash around trailer
11/15/2022 Complied

11/03/2022 Trash around residence
and in creek,

11/15/2022 Complied.

11/03/2022 Trash near creek
11/25/2022 Complied

11/09/2022 No violation. Working

On vehicle. Cleaned.

64, Trailer on left across from 1622 Banner St. Castlewood. 11/09/2022 Trash/pallets no

65.

66.

67.

68.

1835 Big Cedar Creek

Cedar Cliff Road

Spring City Road

Moorefield Bottom,

Lebanon

Honaker

Lebanon

Dante Road

Contact made. Letter

left in door. 3/1/2023,
3/1/2023 Contact made
10/10/23 Complied

11/09/2022 Large amount of
Trash.

Letter left with owner.
2/24/2023 Progress being made
10/10/23 Complied
11/28/2022 Dump site. No

Information found in

trash. Deer carcasses

building materials.

Camera set.

12/29/2021 Trash
Letter Hand Delivered

2/24/2023

Progress being made.
2/27/2023 Phone Call, complaint

Of Tackett Subject with

trash around camper.




69,

70.
71.
2.

7.

7,

5.
76.

77.

78,

79.

80.

81,

3/2/2023 Subject Moved, area

Kents Ridge Road ‘Swords Creek 2/7/14 Trash on private
Property. No names ete
Found in trash. Sign
Posted. Landowner
Advised.
Clarks Valley Road. ‘Swords Creek 2/7/2023 Trash around home
And creek.
Cont. Contacted owner of property/not tenant. Advised property would be cleaned.
Swords Creek, across creek from Elementary school. No address visible. 3/7/2023
Letter posted on door.
10/10/23 Complied
594 Blanche Davis Road. Castlewood. 2/21/2023. Call came from
Commonwealth's Atty. Office. Subject complaining of Cow manure and other items
washing onto his property from adjoining land from past rain. Adjoining land has been
overgrazed leaving little vegetation. Advised caller that it’s a civil issue. Notified
Commonwealth's Attorney same. Advised Civil matter. Also advised CWA

Hurt’s Motors Honaker 8/14/23 Gave copy of ordinance to
Owner
10/10/23 Owner advised contacted
Subject to come pick up RV
193 Heritage Drive Honaker 10/10/23 Progress 50% clean
Upper Straight Hollow Rd. Dante 10/10/23 Trash. Vehicle broke down
10/06/23 Complied
417 River Road St. Paul area 10/10/23 Left copy of ordinance
11/06/23 Revisited. No progress 4
Trailers,
Vance residence Swords Creek 10/10/23 Left copy of ordinance in
Door.
507 Upper Bear Wallow Dante 10/10/23 Drain pipe in yard
Certified letter sent.
1277 Saw Mill Hollow Rd. Dante 10/06/23 Copy of ordinance left in
Door.
Gravel lick Road/Wilder 10/10/23 Trash on side of road. Name

11/06/23 Located owner in
Dickenson County. Suspect
Names. Investigation,



	Presentations.pdf
	Meeting: 11/13/23      6:00 PM
	Staff Recommendation:
	Suggested Motion:

	Authorization - Minutes BOS.pdf
	SUGGESTED MOTION(s):

	Reports1.pdf
	Meeting: 11/13/23         6:00 PM
	REPORTS
	1. VACo Preliminary Legislative Program 2024…..…………………………………..C-1
	2. RC Parks Ordinance Review…………………………………………………..………C-2
	3. RC School Energy Performance CleanSource Capital SAVES Credit                                                        Payment Agreement of $127,046.45……………………………………...................C-3
	4. VDOT October 2023 Report……………………………………………………………C-4
	REQUESTS
	5. RC BOS Annual Holiday Community Turkey Donation (1,000 Families) &                                                   County Employees (222 Employees)………………………………………………...C-5
	6. RC PSA Virginia Water Supply Revolving Fund Nash Ford & Clinch                                                      Mountain Road Project………��……………………………………………………....C-6
	7. 2023-2024 Authorized General Registrar & Local Electoral Board Member                                           Salaries for Russell County…………………………………………………………....C-7
	8. VDEM FY2024 PSAP Staffing Recognition Grant ($30,000)………………………C-8
	9. VA 9-1-1 Services Board – FY24 Data Maint & Data Transfer Grant ($5,000)....C-9
	10. VDOT Speed Study (Lynn Springs Road, Rte. 632)………………….…………….C-10
	11. RC Courthouse Skanska Project Management Services Agreement…..………C-11
	12. RC Human Resource & Payroll Position…………………………………………….C-12
	13. DHCD CDBG Planning Grant – Dante Downtown Revitalization                                                        Comprehensive Community Development ($60,000)……………………………...C-13
	14. DEQ Litter Prevention & Recycling Program Grant ($25,440)……..…………….C-14
	15. National Opioid Settlement Payment ($15,156.81)…………………………………C-15
	16. RC Landfill Proposed Professional Services – TRC Engineers Inc…………….C-16
	STAFF RECOMMENDATION(s):
	SUGGESTED MOTION(s):

	Authorization - Expenditures.pdf
	SUGGESTED MOTION(s):

	Reports1.pdf
	Meeting: 11/13/23         6:00 PM
	STAFF RECOMMENDATION(s):
	SUGGESTED MOTION(s):

	VRA - Russell County PSA - Drinking Water Financing Agreement (WSL-012-22).pdf
	FINANCING AGREEMENT
	BETWEEN
	AND
	THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
	Virginia Resources Authority
	Loan No. WSL-012-22
	TABLE OF CONTENTS

	[To Be Updated]
	Page
	ARTICLE I
	ARTICLE II
	ARTICLE III
	ARTICLE IV
	ARTICLE V
	ARTICLE VI
	ARTICLE VII
	ARTICLE VIII
	ARTICLE IX
	ARTICLE X
	ARTICLE XI
	ARTICLE XII
	EXHIBITS
	Exhibit A - Form of Local Bond
	FINANCING AGREEMENT
	ARTICLE I
	“Additional Payments” means the payments required by Section 6.2.
	“Board” means the Virginia Board of Health.
	“Closing Date” means the date of the delivery of the Local Bond to the Authority, as Administrator of the Fund.
	“Commitment Letter” means the commitment letter from the Authority to the Borrower, dated ___________, 2023, and all extensions and amendments thereto.
	“Cost of Funds” means interest, including the part thereof allocable to the Annual Administrative Fee, payable as set forth in Section 6.1.
	“County” means the County of Russell, Virginia.
	“Department” means the Virginia Department of Health.
	“Event of Default” shall have the meaning set forth in Section 11.1.
	ARTICLE II
	(g) The issuance of the Local Bond and the execution and delivery of this Agreement and the Support Agreement and the performance by the Borrower of its obligations thereunder are within the powers of the Borrower and will not conflict with, or cons...
	(h) The Borrower is not in default in the payment of the principal of or interest on any of its indebtedness for borrowed money and is not in default under any instrument under and subject to which any indebtedness for borrowed money has been incurr...
	(i) The Borrower (i) to the best of the Borrower’s knowledge, is not in violation of any existing law, rule or regulation applicable to it in any way which would have a material adverse effect on its financial condition or its ability to perform its...
	(j) There are not pending nor, to the best of the Borrower’s knowledge, threatened against the Borrower, any actions, suits, proceedings or investigations of a legal, equitable, regulatory, administrative or legislative nature, (i) affecting the cre...
	(m) Except as may otherwise be approved by the Authority or permitted by the terms of this Agreement, the System at all times is and will be owned by the Borrower and will not be operated or controlled by any other entity or person.

	ARTICLE III
	ARTICLE IV
	ARTICLE V
	ARTICLE VI
	ARTICLE VII
	ARTICLE VIII
	ARTICLE X
	Section 10.9.  Continuing Disclosure Obligations.  (a) For purposes of this Section, the following terms and phrases shall have the following meaning:
	(j) The Borrower may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligation to Make Public the Annual Financial Information, and may discharge any such Agent, with or without appointing a successor Diss...

	ARTICLE XI
	ARTICLE XII
	WITNESS the following signatures, all duly authorized.
	THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
	Title: ___________________________________________
	EXHIBIT A
	Form of Local Bond
	EXHIBIT B
	Project Description
	EXHIBIT C
	Project Budget
	WSL-012-22
	EXHIBIT D
	Opinion of Borrower’s BOnd Counsel
	EXHIBIT E
	REQUISITION FOR DISBURSEMENT
	CERTIFICATE OF THE CONSULTING ENGINEER
	FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT
	Loan No. WSL-012-22
	This Certificate is submitted in connection with Requisition Number ____, dated _________, 20__, submitted by The Russell County Public Service Authority.  Capitalized terms used herein shall have the same meanings set forth in Article I of the Agree...
	The undersigned Consulting Engineer for the Borrower hereby certifies that insofar as the amounts covered by this Requisition include payments for labor or to contractors, builders or materialmen, such work was actually performed or such materials, s...
	SCHEDULE 1
	REQUISITION # ________
	BORROWER: THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
	LOAN NUMBER:  WSL-012-22
	CERTIFYING SIGNATURE: ______________________________
	TITLE: ______________________________________
	Total Loan Amount $_________________
	Previous Disbursements $_________________
	This Request $_________________
	Loan Proceeds Remaining $_________________
	EXHIBIT F
	Prior Bonds:
	Existing Parity Bonds:
	EXHIBIT I
	SUPPORT AGREEMENT
	RECITALS:
	Agreement
	THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY

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